TEC & TOMAS (Australia) Pty Ltd v Matsumiya Computer Company Pty Ltd & Ors [1984] FCA 13

CATCHWORDS

Trade Practices - Misleading or deceptive conduct - Use of registered business name ~ Conduct anterior to point

of sale - Discretionary defence of applicant's misconduct.

Trade Practices Act, 1974 ss.52, 80

TEC & TOMAS (AUSTRALIA) PTY. LTD. v. MATSUMIYA COMPUTER

COMPANY PTY. LIMITED, TRANSNATIONAL DATA CORPORATION PTY. LTD. TOYKO DATA SYSTEMS PTY. LIMITED, CELEBRITY

COMMUNICATIONS PTY. LIMITED and ANTHONY FRANCIS FOOT

No. G397 of 1983

Beaumont, J. 10 February, 1984. Sydney.

!

Judge making order:

GENERAL DIVISION

BETWEEN :

le

Date order made:

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

No. G397 of 1983

TEC & TOMAS (AUSTRALIA) PTY. LIMITED

Applicant

MATSUMIYA COMPUTER CCMPANY PTY. LIMITED

First respondent

TRANSNATIONAL DATA CCRPORATION PTY. LIMITED OOSO—~—SOSS—CSstsS

Second respondent

TOKYO DATA SYSTEMS PTY. LIMITED

Third respondent

CELEBRITY COMMUNICATIONS PTY. LIMITED

Fourth respondent

ANTHONY FRANCIS FOOT

Fifth respondent

ORDER

Beaumont, J. 10 February, 1984.

Sydney

ow

THE COURT ORDERS THAT:

1. Order that the first and second respondents, and each

of them, by themselves, their servants and agents, be

restrained from engaging in conduct that is misleading or

deceptive or likely to be so by using the name "Seiko Computers" or the name "Seikosha" in the course of any business which offers for sale computers or computer

equipment not those of the applicant or of Hattori Seiko

Company Limited.

2. Order that the first, second, fourth and fifth respondents, and each of them, by themselves, their servants and agents, be restrained from engaging in conduct that 1s misleading or deceptive or likely to be so by making any

Statement that or to the effect that:

(a) the first or the second respondent has any business or trade connection with the group of companies

known as the Hattori Seiko group;