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
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Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452
COPYRIGHT – artistic works – designs on packaging of children’s food products – where the applicants claimed that the respondent had infringed copyright by selling products in packaging that reproduced a substantial part of the applicants’ works – whether the applicants owned the copyright in the relevant works – whether the respondent’s designs reproduced…
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Roadshow Films Pty Limited v Telstra Limited [2024] FCA 1388
COPYRIGHT – whether site blocking orders should be made under s 115A of the Copyright Act 1968 (Cth) – Held: site blocking and related orders made
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Skildum-Reid v University of Queensland [2024] FCA 733
PRACTICE AND PROCEDURE – discovery – preliminary discovery – application under rr 7.22 and 7.23 of the Federal Court Rules 2011 (Cth) – documents sought in relation to alleged copyright infringement and infringement of moral rights – where applicant failed to provide sufficient evidence to satisfy criteria under either rule – application dismissed
