Federal Court of Australia
a
ry
"310
TRADE PRACTICES - consumer protection - misleading and deceptive
conduct - application for interlocutory injunction - distribution
of magnetic field therapy machines - distributor seeking to prevent use of name "Magnetopulse"" in connection with newly developed machine -—- whether brand name or trade name - whether any
damage suffered by applicant pending hearing may be adequately
compensated by award of damages
Trade Practices Act ss.52, 53(c), 53(d)
KUDOS PTY. LTD. v. TULLY CORPORATION PTY. LTD. and CHARLES JOHN JAMES GREEN
No. WA G51 of 1983
Toohey J. Perth *
31 October 1983
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G51 of 1983
BETWEEN: KUDOS PTY. LTD.
Applicant
and
TULLY CORPORATION PTY. LTD. AND CHARLES JOHN JAMES GREEN
Respondent QO R D E R JUDGE MAKING ORDER 3 Toohey J. DATE OF ORDER F 31 October 1983 WHERE MADE 3 Perth THE COURT ORDERS THAT: 1. The application for an interlocutory
injunction be dismissed. 2. The applicant pay the respondents' costs of the application for an interlocutory
injunction in any event.
3. There be liberty to apply for directions.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G51 of 1983
ee eee
BETWEEN: KUDOS PTY. LTD. Applicant and
TULLY CORPORATION PTY. LTD. AND CHARLES JOHN JAMES GREEN
Respondent
CORAM: TOOHEY J. 31 October 1983
REASONS FOR JUDGMENT
The applicant alleges contravention by the respondents
of 33.52, 53(c) and 53(d) of the Trade Practices Act 1974.
In this application for an interlocutory injunction, the applicant seeks to restrain the respondents from selling or advertising any product under the name of "Magnetopulse", from representing that any products sold or offered for sale by them are connected with the product known as Magnetopulse and from doing anything calculated to mislead or deceive the public into believing that the respondents' products are connected with Magnetopulse or into believing that the Magnetopulse product
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