INTELLECTUAL PROPERTY – application for interlocutory injunction on grounds of contravention of ss 18 and 29 of the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)), passing off and infringement of a registered trade mark under s 120 of the Trade Marks Act 1995 (Cth) – consideration of relevant factors – prima facie case – balance of convenience – interlocutory injunction not granted
PRACTICE AND PROCEDURE – application for interlocutory injunction – consideration of relevant factors – prima facie case – balance of convenience
Related cases
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Inruse Pty Limited as trustee for the 224 Hinxman Trust v Equity Lenders Pty Ltd [2024] FCA 1434
AUSTRALIAN CONSUMER LAW – where applicant alleged it entered into three loans because of misleading and deceptive conduct – alleged misleading and deceptive conduct in written material – whether the representation was conveyed by the whole of the conduct assessed in context – conduct not misleading and deceptive conduct – causation not established – associated…
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Global Retail Brands Australia Pty Ltd v Bed Bath ‘N’ Table Pty Ltd [2024] FCAFC 139
CONSUMER LAW – misleading or deceptive conduct – where, by its use of trade mark “HOUSE BED & BATH” (appellant’s mark) in relation to soft homewares in a market in which respondent’s trade mark “BED BATH ‘N’ TABLE” (respondent’s mark) has a significant reputation, appellant found to have contravened ss 18(1) and 29(1)(g) and (h)…
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Australian Securities and Investments Commission v Latitude Finance Australia (No 2) [2024] FCA 1205
CONSUMER LAW – misleading or deceptive conduct – alleged contraventions of ss 12DA(1), 12DF(1) and 12DB(1)(a), (i) and (g) of the Australian Securities and Investments Commission Act 2001 (Cth) – where defendants prepared, published and broadcast, or caused to be prepared, published and broadcast, a large number of newspaper, radio, and television advertisements in Australia…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1443
For more information, see the original judgement.
