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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Canview Pty Ltd v Gilmore [2024] FCA 551
PRACTICE AND PROCEDURE – Application for interlocutory injunction – where the applicants contend that the respondent has misused confidential information and infringed copyright – where prima facie case established – whether balance of convenience favoured the grant of an injunction – where the form of interlocutory orders in contention – injunction granted
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Australian News Channel Pty Ltd v Isentia Pty Limited [2024] FCA 363
COPYRIGHT – statutory construction – section 183(1) of the Copyright Act 1968 (Cth) – meaning of “for the services of the Commonwealth or State” – whether provision of media monitoring services to government clients within s 183(1) – application dismissed
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Vald Pty Ltd v KangaTech Pty Ltd (No 5) [2024] FCA 333
PATENTS – patent for apparatus for use in assessing the strength of at least one knee flexor muscle of a subject – claim construction – patent for method of assessing strength of at least one knee flexor muscle using an apparatus – infringement – validity PATENTS – claim construction – whether results obtained from use…
