FanFirm Pty Limited v Fanatics, LLC (No 2) [2024] FCA 826

FanFirm Pty Limited v Fanatics, LLC (No 2) [2024] FCA 826

The Court found that the respondent did not establish a proper basis to stay the Injunction. The balance of convenience and the evidence indicated that the damage or prejudice likely to be suffered by the respondent as a result of the Injunction does not outweigh the prejudice to the applicant should the order be stayed. Geo-blocking measures were available for compliance. The stay application for rectification of the Register was granted given undertakings and agreement between the parties, but not for the Injunction beyond a short transitional period.

Jurisdiction
Australia
Judgment Date
29 July 2024
Procedural Posture
Application for Stay of Orders / Post Judgment; Stay Pending Appeal
Outcome
Application for stay partially granted
Legal Topics
['practice and Procedure' 'trade Marks' 'stay of Orders' 'injunctions' 'rectification of Register']
['intellectual Property'] ['practice and Procedure' 'trade Marks' 'stay of Orders' 'injunctions' 'rectification of Register']

Case Brief

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Procedural Posture

Application for Stay of Orders / Post Judgment; Stay Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of orders under r 36.08 of the Federal Court Rules 2011 should be granted pending appeal' 'Whether rectification of the Trade Marks Register or an injunction is a more suitable course pending determination of appeal']

Ratio Decidendi

The Court found that the respondent did not establish a proper basis to stay the Injunction. The balance of convenience and the evidence indicated that the damage or prejudice likely to be suffered by the respondent as a result of the Injunction does not outweigh the prejudice to the applicant should the order be stayed. Geo-blocking measures were available for compliance. The stay application for rectification of the Register was granted given undertakings and agreement between the parties, but not for the Injunction beyond a short transitional period.

Court Disposition

Application for stay partially granted

Orders

  • ['Orders 3, 4 and 5 of the orders made at 10.15 am on 17 July 2024 be stayed until 4.00 pm on 14 August 2024 or if a Notice of Appeal is filed, 28 days after the resolution of that appeal.' 'Order 2 of the 17 July Orders be stayed until 4.00 pm on 14 August 2024.' 'By 4.00 pm on 5 August 2024, the parties prepare...