High Court of Australia
,?
IN THE HIGH COURT oF aUsTRAtIA
THOMAS WALKuR LI:TisD
THOMAS WALKER LIMITE: AND ANOTHER
Vv. FASHION BUTTONS PTY. LTD.
F. B. METAL CORROPATION PTY.LTD. AND ANOTHER
REASONS FOR JUDGMENT
ORIGINAL
Judgment delivered at..... ME LBCURNE.....
OM en GPR APRID 4 974,
RM73/30063
or C
THOMAS WALKER LIMITED
FASHION BUTTONS PTY. LIMITED
THOMAS WALKER LIMITED AND H, ARENDSEN & SONS PTY. ITD.
SONS
F, B, METAL CORPORATION PTY, LID, AND BRUCE LEIGHTON NEIGHBOUR
|
JUDGMENT STEPHEN J.
THOMAS WALKER LIMITED
v.
FASHION BUTTONS PTY, LIMITED
THOKAS WALKER LIMITED AND H, ARENDSEN & SONS PTY, UCD
F, B, METAL CORPORATION PTY, LID, AND BRUCE LEIGHTON NEIGHBOUR
In each of these two actions Thomas Walker Ltd., the registered proprietor of Australian letters patent No. 220191 entitled "Improvements in fastening devices for wearing apparel", alleges infringement and seeks appropriate relief. In action No. 14 of 1970 it is the sole plaintiff and Fashion Buttons Pty. Ltd. is the defendant; in action No. 20 of 1970 its exclusive licensee, H. Arendsen & Sons Pty. Itd., joins it as a plaintiff and there are two defendants, F. B. Metal Corporation Pty. Ltd. and its managing director, Er. B, L. Neighbour, who is alleged to have procured and directed the acts of infringement complained of and to have himself done some of those acts. By consent these two actions have been tried together.
The plaintiffs allege that claims 1, 2, 5 and 6 of the patent have in each case been infringed by the manu- facture and sale in Australia by the defendant companies of
what are described as fastener sets. These consist of the
familiar little metal fasteners commonly used on the waistband
2.
of men's trousers to fasten tovether the garment at the top.of the fly; the complete specification refers to them as fastening devices for detachably connecting the ends of a trouser waistband and they operate by the engagement of a bar with a hook.
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