Manolo Blahnik Worldwide Limited v Estro Concept Pty Limited [2020] FCA 1561

Manolo Blahnik Worldwide Limited v Estro Concept Pty Limited [2020] FCA 1561

Manolo Blahnik satisfied the requirements of r 7.23 of the Federal Court Rules 2011, having reasonably believed it may have rights to relief against Estro, lacked sufficient information after reasonable inquiries, and Estro is likely to possess documents directly relevant to whether proceedings against it should be commenced. The orders for preliminary discovery were therefore warranted to inform the applicant's decision.

Jurisdiction
Australia
Judgment Date
29 October 2020
Procedural Posture
Application for Preliminary Discovery / Judgment on Application
Outcome
Application for preliminary discovery allowed in part; application under r 7.22 refused; orders made under r 7.23.
Legal Topics
['preliminary Discovery' 'trade Mark Infringement' 'australian Consumer Law' 'passing Off']
['intellectual Property' 'practice and Procedure'] ['preliminary Discovery' 'trade Mark Infringement' 'australian Consumer Law' 'passing Off']

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Judgment on Application

Legal Issues

  1. 1 ['Whether the applicant has a reasonable belief it may have a right to obtain relief against the respondent' 'Whether sufficient information exists to decide whether to commence proceedings' 'Whether respondent is likely to have documents directly relevant to that decision']

Ratio Decidendi

Manolo Blahnik satisfied the requirements of r 7.23 of the Federal Court Rules 2011, having reasonably believed it may have rights to relief against Estro, lacked sufficient information after reasonable inquiries, and Estro is likely to possess documents directly relevant to whether proceedings against it should be commenced. The orders for preliminary discovery were therefore warranted to inform the applicant's decision.

Court Disposition

Application for preliminary discovery allowed in part; application under r 7.22 refused; orders made under r 7.23.

Orders

  • ['Estro to give discovery to Manolo Blahnik of documents relating to the style, colour-way, size, quantity, and unit price of relevant goods received from supplier and sold to customers under r 7.23.' 'Parties to agree on dates for filing and inspection of documents; liberty to relist proceeding for further orders...