Mitsubishi Motors Australia Ltd v Ripponlea Motors Pty Ltd [2013] FCA 627

Mitsubishi Motors Australia Ltd v Ripponlea Motors Pty Ltd [2013] FCA 627

The applicant established a prima facie case. The respondents provided no substantive defence. The balance of convenience favoured the grant of mandatory and prohibitory injunctions to protect the applicant's rights in its trade marks, trade indicia, and in relation to Franchise Agreement obligations.

Parties
Applicant: Mitsubishi Motors Australia Ltd; First Respondent: Ripponlea Motors Pty Ltd; Second Respondent: Gregory Thomas Wallace
Jurisdiction
Australia
Judgment Date
18 June 2013
Procedural Posture
Injunction Application / Interlocutory Orders
Outcome
Interlocutory injunctions granted, directions hearing adjourned
Legal Topics
Trade Marks, Franchise Agreements, Injunctive Relief
Intellectual Property Commercial Law Trade Marks Franchise Agreements Injunctive Relief

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Parties

Mitsubishi Motors Australia Ltd

Applicant

Ripponlea Motors Pty Ltd

First Respondent

Gregory Thomas Wallace

Second Respondent

Procedural Posture

Injunction Application / Interlocutory Orders

Legal Issues

  1. 1 Whether mandatory and prohibitory injunctions should be granted to restrain the use of 'Mitsubishi' trade marks and associated indicia by the respondents
  2. 2 Whether the respondents should be ordered to comply with provisions of a Franchise Agreement and to take certain steps regarding domain names

Ratio Decidendi

The applicant established a prima facie case. The respondents provided no substantive defence. The balance of convenience favoured the grant of mandatory and prohibitory injunctions to protect the applicant's rights in its trade marks, trade indicia, and in relation to Franchise Agreement obligations.

Court Disposition

Interlocutory injunctions granted, directions hearing adjourned

Orders

  • Usual undertaking as to damages provided by applicant within meaning of practice note CM14
  • Application returnable at 10:00 am on 18 June 2013