Taito (Australia) Pty Ltd & Anor v Eastern Micro Electronics Pty Ltd & Ors [1984] FCA 330

JUDGMENT No. «232

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTRICT REGISTRY ) VG NO. 194 OF 1984 ) )

GENERAL DIVISION °°

Between: TAITO (AUSTRALIA) PTY.

LTD. and TAITO CORPORATION

(Applicants)

E

EASTERN MICRO

ELECTRONICS PITY. LTD. JOSEPH LAZAR and MAZZ

ENTERPRISES (AUST- RALTA) PTY. LTD.

(Respondents)

Coram: Smithers J.

15 October 1984

Before the Court are two motions by the applicant seeking punishment of the second respondent (Mr. Lazar) for alleged contempts of Court in respect of conduct contravening orders made by Sweeney J. on 4 July 1984 and by Woodward J. on 18 July 1984 and 26 July 1984. The motions are brought in proceedings commenced by the applicants.in applications filed on 2 July 1984 in which they sought relief against the respondents in respect of alleged wrongful conduct on their

part in and about their trading in certain amusement machines.

The applicants' complaint was that by selling and

otherwise dealing in the machines the respondents infringed

their copyright in literary works 'constituting an <integral-

part of the machines. The applicants sought injunctions restraining the respondents whether by themselves, their

servants, agents or howsoever from:

(i) selling, renting or dealing in amusement machines of the kind known as "TX-1"

bearing the insignia thereon - Tazmi;

(ii) infringing the applicants' copyright in

the said amusement machines;

{iii) engaging in conduct which was misleading or deceptive by inducing or creating a belief that the firstnamed respondent is the only person importing or entitled to import the said amusement machines into Australia or the only person importing or entitled to import the said amusement machines into

Victoria;

(iv) engaging in conduct which is misleading or __.:=2.:.:

deceptive or likely to mislead or deceive any person by inducing or creating a belief that the firstnamed respondent is entitled -: