Pioneer Electronics Australia Pty Ltd v Woodlands Resources (Aust) Pty Ltd [2000] FCA 1158

FEDERAL COURT OF AUSTRALIA

Pioneer Electronics Australia Pty Ltd v Woodlands Resources (Aust) Pty Ltd [2000] FCA 1158

INTELLECTUAL PROPERTY – interlocutory injunction – DVD players – trade mark infringement – application by trade mark proprietor and its Australian subsidiary – Australian subsidiary distributor of goods manufactured by Malaysian subsidiary of trade marks proprietor – respondents retailers of genuine goods manufactured by Chinese subsidiary of trade mark proprietor – safety of players – whether double-insulated – evidence obtainable by applicant from Chinese subsidiary but none proffered – inference to be drawn – alleged representation as to warranty Trade Marks Act 1995 (Cth) s 123(1) Trade Practices Act 1976 (Cth) s 52, 53(a),(aa), (c), (d), (ea), (g) and 55 Colgate-Palmolive Ltd v Markwell Finance Ltd [1989] RPC 497 mentioned Jones v Dunkel (1959) 101 CLR 298 applied PIONEER ELECTRONICS AUSTRALIA PTY LTD v WOODLANDS RESOURCES (AUST) PTY LTD V 364 OF 2000 HEEREY J 26 JULY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 364 OF 2000

BETWEEN: PIONEER ELECTRONICS AUSTRALIA PTY LTD

(ACN 005 017 087) and KABUSHIKI KAISHA

APPLICANTS

AND: WOODLANDS RESOURCES (AUST) PTY LTD (ACN 084 016 053) trading as ONE STOP DVD SHOP, LEW KING NG, JONG KAN FOO, TAO HE, JIAN LI, MIN TAO LI, ZHUO MING LI, VI HUE LIEU trading as V TRONICS COMPUTERS

RESPONDENTS

JUDGE: HEEREY J

DATE OF ORDER: 26 JULY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1) The application for an interlocutory injunction is dismissed. 2) The application for an order for substituted service is dismissed. 3) The applicants pay the respondents' costs of the application for an interlocutory injunction. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.