Netcom (Australia) Pty Ltd v. Dataplex Pty Ltd [1988] FCA 287

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CATCHWORDS

Trade Practices - Consumer protection - representation concerning place of origin of goods - goods containing components largely manufactured overseas described as being "Made in Australia" and "Built in Australia" - whether false statement or representation - whether misleading or deceptive conduct.

Lanham Act 1946 (11 USC §1125 (a))

Trade Practices Act 1974 s.52, s.53 (d), s.53 (eb), s.80, s.163A Trade Practices Revision Bill 1986

The Constitution

WEA International Inc. v Hanimex Corporation Ltd. (1987) 77 ALR 456

A-G (NSW) v The Perpetual Trustee Company (Limited) (1940) 63 CLR 209 Cole v Whitfield (1988) 62 ALJR 303

Korczynski v Wes Lofts (Aust.) Pty. Ltd. {1986] ATPR 47,206

NETCOMM (AUSTRALIA) PTY. LIMITED v DATAPLEX PTY. LIMITED G624 OF 1987

CORAM: GUMMOW J. PLACE: SYDNEY. DATE: 8 JUNE 1988.

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G624 of 1987 ) )

GENERAL DIVISION

BETWEEN: NETCOMM (AUSTRALIA) PTY. LIMITED Applicant AND: DATAPLEX PTY. LIMITED Respondent

CORAM: GUMMOW J. PLACE: SYDNEY. DATE: 8 JUNE 1988.

MINUTE OF ORDER

Upon the undertaking by the respondent to the Court that the respondent by itself, its servants or agents will not, without further order, use the words "Made in Australia" in advertising or promotional material for the DPX-224 Modem, an example of which is Exhibit C in these proceedings, or any model variation

thereof THE COURT ORDERS THAT:

1. The application be dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with by Order

36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G624 of 1987 ) )

GENERAL DIVISION

BETWEEN: NETCOMM (AUSTRALIA) PTY. LIMITED Applicant AND: DATAPLEX PTY. LIMITED Respondent