Live Earth Resource Management Pty Ltd v Live Earth LLC [2007] FCA 1034

Live Earth Resource Management Pty Ltd v Live Earth LLC [2007] FCA 1034

The applicant made out a prima facie case but not a strong one. The balance of convenience did not favour granting interlocutory relief as any damage suffered by the applicant could be compensated by damages, whereas restraining respondents would detract from their activities in a manner difficult to quantify or compensate.

Parties
Applicant: Live Earth Resource Management Pty Ltd; First Respondent: Live Earth LLC; Second Respondent: CASBAH PRODUCTIONS LLC d/b/a CONTROL ROOM LLC; Third Respondent: Virgin Books Ltd
Jurisdiction
Australia
Judgment Date
06 July 2007
Procedural Posture
Application for Interlocutory Relief / Decision on Interlocutory Application
Outcome
Application for interlocutory relief dismissed
Legal Topics
Trade Marks, Interlocutory Injunctions
Intellectual Property Trade Marks Interlocutory Injunctions

Case Brief

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Parties

Live Earth Resource Management Pty Ltd

Applicant

Live Earth LLC

First Respondent

CASBAH PRODUCTIONS LLC d/b/a CONTROL ROOM LLC

Second Respondent

Virgin Books Ltd

Third Respondent

Procedural Posture

Application for Interlocutory Relief / Decision on Interlocutory Application

Legal Issues

  1. 1 Whether the respondents breached or intended to breach the applicant's registered trade mark
  2. 2 Whether interlocutory relief should be granted to restrain specific activities

Ratio Decidendi

The applicant made out a prima facie case but not a strong one. The balance of convenience did not favour granting interlocutory relief as any damage suffered by the applicant could be compensated by damages, whereas restraining respondents would detract from their activities in a manner difficult to quantify or compensate.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • The application for interlocutory relief be dismissed