Victoria's Secret Stores Brand Management LLC v ePharmacy Group Pty Ltd [2023] FCA 921

Victoria's Secret Stores Brand Management LLC v ePharmacy Group Pty Ltd [2023] FCA 921

Given the confidential and commercially sensitive nature of the information, and the real and not fanciful risk of competitive damage or undermining anti-counterfeiting measures if disclosed, the suppression order is necessary to prevent prejudice to the proper administration of justice under s 37AG(1)(a); a ten-year term is appropriate taking into account agreement between parties and the nature of the information.

Jurisdiction
Australia
Judgment Date
07 August 2023
Procedural Posture
Application for Suppression Order in Civil Proceedings / Orders Following Settlement; Application Determined on the Papers
Outcome
Suppression order made by consent, proceeding otherwise dismissed.
Legal Topics
['suppression Orders' 'confidential Information' 'trade Marks' 'commercial Sensitivity' 'open Justice']
['practice and Procedure' 'intellectual Property'] ['suppression Orders' 'confidential Information' 'trade Marks' 'commercial Sensitivity' 'open Justice']

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Procedural Posture

Application for Suppression Order in Civil Proceedings / Orders Following Settlement; Application Determined on the Papers

Legal Issues

  1. 1 ['Whether a suppression order should be made to prohibit disclosure of confidential and commercially sensitive information filed in the proceeding' 'Whether the order is necessary to prevent prejudice to the proper administration of justice' 'What period is appropriate for the duration of the suppression order']

Ratio Decidendi

Given the confidential and commercially sensitive nature of the information, and the real and not fanciful risk of competitive damage or undermining anti-counterfeiting measures if disclosed, the suppression order is necessary to prevent prejudice to the proper administration of justice under s 37AG(1)(a); a ten-year term is appropriate taking into account agreement between parties and the nature of the information.

Court Disposition

Suppression order made by consent, proceeding otherwise dismissed.

Orders

  • ['Subject to further order, publication or other disclosure of specified confidential information in identified documents is prohibited for ten years unless authorised by the applicants.' 'The proceeding otherwise be dismissed.']