29 Sept 2016
MORN CREATIONS LTD v. GAP LTD
- Citation
- MORN CREATIONS LTD v. GAP LTD
- Court
- Court of First Instance
- Case number
- HCA1882/2014
On default Gap is taken to have admitted MCL's copyright and Gap's infringement; the Letter of Undertaking was neither clear nor prompt and was given too late and drafted to reserve non‑admission, therefore it did not displace the prima facie entitlement to injunctive relief; given Gap's failure to substantiate assertions and refusal to identify supplier, disclosure orders are proportionate and necessary; accordingly permanent injunctions, disclosure, and costs orders were made and MCL retains liberty to elect between damages inquiry or account of profits.