Federal Court of Australia
JUDGMENT No, DD 7.82.
CATCHWORDS
DESIGNS ~ application for interlocutory injunction - whether product based upon a registered design, but with a number of
different features, constitutes an "obvious or fraudulent
imitation" within s.30(1) Designs Act - similarity of some significant features of design -— whether a serious question to be tried - balance of convenience - justice between the parties.
Designs Act 1906 s.30(1)
TURBO TEK ENTERPRISES INC and AUTOPACE PTY LTD
v TARGET AUSTRALIA PTY LTD
No. VG 55 of 1988
Woodward J 17 February 1988 Melbourne
he
ty
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 55 of 1988
GENERAL DIVISION
BETWEEN:
TURBO TEK ENTERPRISES INC and
AUTOPACE PTY LTD Applicants and TARGET AUSTRALIA PTY LTD Respondent
MINUTES OF ORDER
COURT: Woodward J.
DATE: 17 February 1988
PLACE: Melbourne
UPON THE APPLICANTS by their counsel undertaking to pay to
any party adversely affected by the following interlocutory orders such compensation (if any) as the Court thinks just in
such manner as the Court directs,
THE COURT ORDERS THAT:
1. The respondent be restrained until the hearing and
determination of the application herein or further
NOTE:
order, from (whether by itself, its servants or agents or by any other means) manufacturing or causing to be manufactured, 1tmporting or causing to be imported, advertising, offering for sale or selling or supplying any spray washer device the same as or substantially identical with Exhibit
'JNB 6' herein.
The directions hearing herein be adjourned to
Friday 19 February 1988 at 10.15 a.m.
The costs of and incidental to this application for
an interlocutory injunction be reserved.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 55 af 1988
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