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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Roadshow Films Pty Ltd v Telstra Limited [2024] FCA 246
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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Native Extracts Pty Ltd v Plant Extracts Pty Ltd (No 2) [2024] FCA 106
INTELLECTUAL PROPERTY – whether information about extraction machine was confidential information owned by company where second respondent was former director – where machine had been identified by directors as suitable for proposed business prior to incorporation of company – where second respondent was informed about machine by third party on unrestricted basis – where evidence…
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Chou v Metstech Pty Limited [2023] FCAFC 205
COPYRIGHT – appeal and cross-appeals – whether primary judge erred in making a declaration as to copyright subsistence and ownership and an order for delivery up – whether the plaintiffs in the proceeding below failed to join a necessary party – whether the declaration made is an order in rem – where no objection to…
