Brooks Sports, Inc v Paul's International Pty Ltd (No 1) [2011] FCA 999

Brooks Sports, Inc v Paul's International Pty Ltd (No 1) [2011] FCA 999

The Court was satisfied that the applicant had established a very strong prima facie case of trade mark infringement under s 120(1) of the Trade Marks Act 1995 (Cth) and that there was a real risk the respondents may destroy or make evidence unavailable, warranting the grant of an Anton Piller order (search order).

Jurisdiction
Australia
Judgment Date
11 July 2011
Procedural Posture
Application for Search Order (anton Piller Order) / Interlocutory; Ex Parte Application Granted
Outcome
Search order (Anton Piller order) granted pending further interlocutory hearing.
Legal Topics
['trade Marks' 'anton Piller Orders' 'infringement' 'interlocutory Search Orders' 'preservation of Evidence']
['intellectual Property' 'civil Procedure'] ['trade Marks' 'anton Piller Orders' 'infringement' 'interlocutory Search Orders' 'preservation of Evidence']

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Procedural Posture

Application for Search Order (anton Piller Order) / Interlocutory; Ex Parte Application Granted

Legal Issues

  1. 1 ['Whether a prima facie case of trade mark infringement was established under s 120(1) of the Trade Marks Act 1995 (Cth)' 'Whether there was a real possibility that respondents may destroy or make unavailable relevant evidence' 'Whether the circumstances justified the grant of an Anton Piller order']

Ratio Decidendi

The Court was satisfied that the applicant had established a very strong prima facie case of trade mark infringement under s 120(1) of the Trade Marks Act 1995 (Cth) and that there was a real risk the respondents may destroy or make evidence unavailable, warranting the grant of an Anton Piller order (search order).

Court Disposition

Search order (Anton Piller order) granted pending further interlocutory hearing.

Orders

  • ['Search order made, permitting search and seizure of specified items at defined premises.' 'Return date set for further hearing and interlocutory relief (21 July 2011).' 'Costs reserved to further hearing.']