Inspire by Sophie Guidolin Pty Ltd v Finch Entertainment Pty Ltd [2017] FCA 1618

Inspire by Sophie Guidolin Pty Ltd v Finch Entertainment Pty Ltd [2017] FCA 1618

Although the Applicants had an arguable case, it was at the lower end and the balance of convenience did not favour an injunction because the Applicants likely delayed after becoming aware of the Respondents' activities, the Applicants' apparel sales were minor and not shown to be expanding, the Respondents' apparel range was more substantial and already launched, and an injunction would render BOD-branded material useless.

Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Application
Outcome
Application dismissed.
Legal Topics
['interlocutory Injunction' 'trade Mark Infringement' 'passing Off' 'misleading or Deceptive Conduct' 'balance of Convenience' 'delay']
['practice and Procedure' 'intellectual Property' 'trade Marks' 'consumer Law'] ['interlocutory Injunction' 'trade Mark Infringement' 'passing Off' 'misleading or Deceptive Conduct' 'balance of Convenience' 'delay']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Application

Legal Issues

  1. 1 ["Whether the Applicants had an arguable case that the Respondents' use of BOD or B.O.D for apparel infringed the Applicants' trade mark, constituted passing off, or was misleading or deceptive conduct." 'Whether the balance of convenience favoured granting interlocutory relief restraining the Respondents from using BOD or B.O.D.' "Whether delay by the Applicants and the relative scale of the parties' apparel activities weighed against interlocutory relief."]

Ratio Decidendi

Although the Applicants had an arguable case, it was at the lower end and the balance of convenience did not favour an injunction because the Applicants likely delayed after becoming aware of the Respondents' activities, the Applicants' apparel sales were minor and not shown to be expanding, the Respondents' apparel range was more substantial and already launched, and an injunction would render BOD-branded material useless.

Court Disposition

Application dismissed.

Orders

  • ['The claims for interlocutory relief in the Originating Application filed on 21 December 2017 be dismissed.' 'Costs be costs in the cause.']