Concorde Trading Pty Ltd v Croner Trading Pty Ltd [1987] FCA 548

CATCHWORDS

TRADE PRACTICES - application for interlocutory relief in reliance on s.52 Trade Practices Act 1974 - juvenile apparatus marketed by both applicant and respondent - pending Australian patent application relied on by applicant - whether applicant exclusive licensee - s.54C Patents Act 1952 - whether applicant another person within the meaning of s.80(1) of the Trade Practices Act 1974 and thereby entitled to bring attention to alleged patent infringement by respondent - balance of convenience.

Trade Practices Act 1974, ss.52, 80(1) Patents Act 1952, $.54C

ONCORDE. ING . LIMITED v. CRONER TRADING PTY. LIMITED No. G438 of 1987

FOX J. 25 SEPTEMBER 1987 SYDNEY

FEDERAL COURT QF AUSTRALIA

PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA )} )

NEW SOUTH WALES DISTRICT REGISTRY ) NO. G438 OF 1987 )

GENERAL DIVISION )

BETWEEN: CONCORDE TRADING PTY.LIMITED

Applicant AND:

CRONER TRADING PTY.LIMITED

Respondent

MINUTE OF ORDER

JUDGE: FOX J. DATE _OF ORDER: 25 SEPTEMBER 1987 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.

Note: Settlement and entry or orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) NO. G438 OF 1987 ) )

GENERAL DIVISION

BETWEEN :

CONCORDE TRADING PTY. LIMITED Applicant

AND:

CRONER TRADING PTY. LIMITED

Respondent

CORAM: FOX J. DATE: 25 SEPTEMBER 1987

REASONS FOR JUDGMENT EX _TEMPORE

FOX J.

In this matter the applicant seeks interlocutory relief primarily in reliance on 8.52 of the Trade Practices Act 1974. It markets a piece of juvenile apparatus known generally asa jump ball under the name of "LoLo". It would seem that it is not in a big way of business so far as the sale of this item is concerned, but is rather waiting to make use, if it can, of an

alleged invention to which I will refer.