Federal Court of Australia
wOv SULIABLL FOR ROrORYTING FOR LIMIfLOo CISTRIBUTIOV
JUDGMENT No..4837.8%.....
CATCHWORDS
DESIGNS - alleged obvious infringement of registered design - interlocutory injunction - whether serious question remains to be tried if Court reaches a concluded view that no obvious infringement has occurred - balance of convenience - inter-relationship between cause of action under Designs Act and claims for passing off and breach of ss.52 and 53 of
Trade Practices Act.
Designs Act ss. 30, 32B Trade Practices Act ss. 52, 53, 80
ROSEBANK PLASTICS PTY. LTD. AND ROSEBANK PRODUCTS PTY. LIMITED v DUNCAN & WIGLEY PTY. LTD. trading as D & W AUSTRALIA SCHOOL SUPPLIERS AND SOUTHERN CROSS BICYCLES PTY. LTD.
No VG 109 of 1988
Ryan J Melbourne 20 April 1988
FEDERAL COURT OF
\ AUSTRALIA \- PRINCIPAL - X \-ReGISTAY a NS Pos
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
Coram:
Date:
Place:
No. VG 109 of 1988
~~ SS
BETWEEN: ROSEBANK PLASTICS PTY. LTD.
(Firstnamed Applicant)
ROSEBANK PRODUCTS PTY. LIMITED
(Secondnamed Applicant)
AND: DUNCAN & WIGLEY PTY. LTD. trading as D & W AUSTRALIA SCHOOL SUPPLIERS
(Firstnamed Respondent)
SOUTHERN CROSS BICYCLES PTY. LTD.
(Secondnamed Respondent)
Ryan J 20 April 1988
Melbourne
MINUTES OF ORDER
THE COURT ORDERS:
1.
That the injunction granted by the Court on 19 April 1988 be dissolved.
That each of the respondents keep a full and proper account of all sales made by it until the hearing and determination of the application herein of "T16" helmets manufactured by Tong Ho Hsing Industrial Co. Ltd., and any helmets identical or substantially
identical thereto.
That the costs of the applicants' claim for interlocutory relief including the hearing on 19 April
1988 and this day be reserved.
That the claim for interlocutory relief be otherwise
dismissed.
AND FURTHER ORDERS BY CONSENT:
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