damages

Interlocutory injunctions and undertakings as to damages

An interlocutory injunction is an order made by the Court prior to trial either preventing or requiring some undertaking to be taken by one or more parties.  The Courts acknowledge that the imposition of such an interlocutory injunction on a party is not necessarily final and is subject to change.  As such, an undertaking as to damages is usually required by the party seeking an interlocutory injunction (Applicant).  This article discusses the established principles the Court will use to discern whether an Applicant has an adequate case for granting an interlocutory injunction. [Read more…]

Sales of counterfeit poles breach IP rights

The Australian sellers of dancing poles Vertical Leisure Ltd and Dance4Me Pty Ltd (Vertical Leisure) have been awarded AU$394,800 in damages, after a competitor Skyrunner Pty Ltd (Skyrunner) sold of inferior copies of dancing poles using promotional materials of the brand “X-Pole”.

[Read more…]

Send this to a friend