TRADE MARKS – applicant the registered owner of trade marks comprising or including the word “Prezzee” – applicant using the word “Prezzee” on and in relation to electronic gift cards – respondent incorporating the word “Prezzy” on physical and electronic gift cards – applicant seeking interlocutory relief pending judgment on an action alleging trade mark infringement – consideration of whether there exists a serious question to be tried having sufficient prospects of success – whether the respondent has used the word “Prezzy” as a trade mark – consideration of the scope of the applicant’s registrations with respect to goods and services – allegations of irreparable harm should the injunction be granted or not – consideration of prospects of success against consequences likely to flow from terms of injunction sought – balance of convenience favouring the applicant – injunction granted
Recent cases
-
Universal City Studios LLC v Telstra Limited [2025] FCA 1390
COPYRIGHT – whether site blocking and ancillary orders with respect to 52 target online locations ought to be made under s 115A of the Copyright Act 1968 (Cth) (Act) – where the applicants rely on presumptions in s 126, s 131 and s 115A(5A) of the Act and on deemed admissions as to ownership of…
-
McCallum v Projector Films Pty Ltd [2025] FCA 903
McCallum v Projector Films Pty Ltd [2025] FCA 903
-
Roadshow Films Pty Limited v Telstra Limited [2025] FCA 744
INTELLECTUAL PROPERTY – copyright – application for injunction under s 115A of the Copyright Act 1968 (Cth) – whether site blocking orders should be made against carriage service providers – whether online locations outside of Australia infringed, or facilitated the infringement of, copyright works – application granted
