Federal Court of Australia
CATCHWORDS
Trade Practices - misleading conduct - s.52 Trade Practices
Act - identical tennis racquets - passing off- measure of
damages under s.82
Spalding v. Gamage (1918) 35 R.P.C. 101 - con
Draper v. Trist [1939] 3 All E.R. 513 - con.
Prince Manufacturing Inc. and Tennisport Pty. Limited v. ABAC
Corporation Australia Pty. Limited and The Liquidator Management Australia Pty. Limited trading as The Liquidator
No. G110 of 1983
Beaumont, J. 22 November 1984
sydney
IN THE FEDERAL COURT OF AUSTRALTA
NEW SOUTH WALES DISTRICT REGISTRY
wee weve
GENERAL DIVISTON No. GL1O of 1983
BETWEEN : PRINCE MANUFACTURING INC.
First Applicant
AND; TENNISPORT PTY. LIMITED
Second Applicant
AND: ABAC CORPORATION AUSTRALIA PLY. LIMITED First Respondent
AND: THE LIOQUIDATOR MANAGEMENT
AUSTRALIA PTY. LIMITED trading as THE LIQUIDATOR
Second Respondent
ORDER
Judae making order: Beaumont, J. Date order made: 22 November 1984.
Whece made: Svdney.
THE COURT ORDERS THAT:
1. 1 note the undertaking to the Court given on behalf
of the respondents on 15 October 1984. 2. I order that the respondents pay the applicants damages in the sum of $5,000.00 and that there be judgment
accordingly.
3. I reserve costs.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) )
GENERAL DIVISION
a SRe
DATED:
No. G110 of 1983
BETWEEN : PRINCE MANUFACTURING INC.
Pirst Applicant
AND: TENNISPORT PTY. LIMITED Second Applicant
AND: ABAC CORPORATION AUSTRALIA PY. LIMITED First Respondent
AND: THE LIQUIDATOR MANAGEMENT
AUSTRALIA PTY. LIMITED trading as THE LIQUIDATOR
Second Respondent
Beaumont. J.
22 November 1984.
REASONS FOR JUDGMENT
The first applicant. a New Jersev corporation and the manufacturer and marketer internationallv of tennis racquets and the second applicant, its Australian distributor, seek iniunctions and damages against the respondents as retailers in Melbourne of consumer aoods including tennis racquets. The applicants market a racquet under the name "Prince Pro". The first applicant 1s. and at all material times has besn, the registered proprietor under
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