Fendi Adele SRL v Table Eight Pty Ltd [2001] FCA 1921

Fendi Adele SRL v Table Eight Pty Ltd [2001] FCA 1921

Given the strong infringement case, ongoing sales at least as of the previous day, uncertainties regarding retail locations, and lack of hardship in complying with an injunction, the balance of convenience favours granting interlocutory relief.

Jurisdiction
Australia
Judgment Date
06 February 2001
Procedural Posture
Interlocutory Application / Hearing of Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted
Legal Topics
['trade Mark Infringement' 'interlocutory Injunction' 'balance of Convenience']
['intellectual Property'] ['trade Mark Infringement' 'interlocutory Injunction' 'balance of Convenience']

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Procedural Posture

Interlocutory Application / Hearing of Application for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether there is a serious question to be tried as to infringement' 'Whether the balance of convenience favours the grant of interlocutory injunction']

Ratio Decidendi

Given the strong infringement case, ongoing sales at least as of the previous day, uncertainties regarding retail locations, and lack of hardship in complying with an injunction, the balance of convenience favours granting interlocutory relief.

Court Disposition

Interlocutory injunction granted

Orders

  • ['Interlocutory injunction granted in terms of paragraph 1 of the application' 'Relief granted upon the usual undertaking as to damages' 'Security for the undertaking to be provided in the sum of $38,000 by means of a bank guarantee to be lodged with the court']