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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Chapcon Building Services Pty Ltd v Spectrum Homes Qld Pty Ltd [2023] FCA 873
COPYRIGHT – statement of claim alleged that director of company caused, authorised, directed or procured company to engage in conduct alleged to infringe copyright in plans – no material facts pleaded to support conclusion – no evidence adduced on summary judgment application to demonstrate any foundation exists to make allegation – uncontested evidence adduced by…
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Roadshow Films Pty Limited v Telstra Limited [2023] FCA 777
The Federal Court of Australia has granted an injunction involving intellectual property rights, copyright, and alleged infringement of copyright works online. Learn more about this groundbreaking ruling and its implications.
