Baiada Pty Ltd v PQM (Vic) Pty Ltd trading as Lilydale Wholesale Meats [2019] FCA 1604

Orders were made by consent and without admission of liability, granting certain final injunctions and dismissing the proceeding with no order as to costs.

Jurisdiction: Australia
Judgment Date: 25 September 2019
Procedural Posture: Application for Injunctive Relief / Final Orders by Consent
Outcome: Final injunctions granted by consent; proceeding dismissed with no order as to costs.
Legal Topics: ['trade Marks' 'australian Consumer Law' 'injunctions']

['intellectual Property' 'consumer Law'] ['trade Marks' 'australian Consumer Law' 'injunctions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Injunctive Relief / Final Orders by Consent

Legal Issues

1 ["Whether respondents infringed applicants' trade marks" 'Whether respondents contravened the Australian Consumer Law through their conduct']

Ratio Decidendi

Orders were made by consent and without admission of liability, granting certain final injunctions and dismissing the proceeding with no order as to costs.

Court Disposition

Final injunctions granted by consent; proceeding dismissed with no order as to costs.

Orders

["First respondent restrained from using 'Lilydale' or similar in specified ways (subject to exceptions in Order 2)" 'Second respondent restrained from procuring or authorising specified conduct by first respondent or others' 'Proceeding otherwise dismissed with no order as to costs']