Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fasco Australia Pty Ltd v Tesonic Australia Pty Ltd [1999] FCA 1614 TRADE PRACTICES – copyright – passing off – injunction to restrain importation and selling – serious question to be tried – substantial reproduction – likelihood of continued importation – use of same model numbers. Trade Practices Act 1974 (Cth): s 52, s 53, s 76 Copyright Act 1968 (Cth): s 115, s 116 S W Hart & Co Pty Ltd v Edwards Hot Water Systems (1985) 159 CLR 466 applied
FASCO AUSTRALIA PTY LTD v TESONIC AUSTRALIA PTY LTD & ANOR V 583 of 1999 GOLDBERG J 1 NOVEMBER 1999
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 583 of 1999
BETWEEN: FASCO AUSTRALIA PTY LTD
Applicant
AND: TESONIC AUSTRALIA PTY LTD & ANOR
Respondents
JUDGE: GOLDBERG J
DATE OF ORDER: 1 NOVEMBER 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: Upon the applicant by its counsel undertaking: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person whether or not a party, adversely affected by the operation of the interlocutory order hereafter made or any continuation (with or without variation thereof). (b) to pay the compensation referred to in (a) to the person there referred to. 1. The respondents and each of them, whether by themselves or employees or agents or howsoever otherwise, are restrained until the hearing and determination of this proceeding or until further order from: (a) importing into Australia the Tesonic motors as defined in paragraph 9 of the Statement of Claim, or any motor components which are substantial reproductions of one or more of the Fasco service motor drawings as defined in paragraph 4 in the Statement of Claim, for the purpose of selling, or by way of trade offering or exposing for sale, the Tesonic motors or any such motor components or distributing the Tesonic motors or any such motor components in public; (b) selling or by way of trade offering or exposing for sale the Tesonic motors or any motor components which are substantial reproductions of one or more of the Fasco service motor drawings, or by way of trade exhibiting the Tesonic motors or any such motor components in public. 2. The costs of the application are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
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