ROBERTSON ENGINEERING LIMITED V GALLAGHER GROUP LIMITED HC HAM CIV 2008-419-000744

ROBERTSON ENGINEERING LIMITED V GALLAGHER GROUP LIMITED HC HAM CIV 2008-419-000744

The Court granted limited interim injunctive relief because Robertson established an arguable case of passing off regarding the brochure use and showed that damages would be difficult to assess; accordingly immediate steps were required to prevent public dissemination of the offending material pending final...

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Citation
openlaw-a1b83a12_ad36_4902_adfb_2588d4368345.pdf
Parties
Applicant/plaintiff: Robertson Engineering Limited; Respondent/defendant: Gallagher Group Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 June 2008
Procedural Posture
Proceedings Under the Copyright Act 1994, Fair Trading Act 1986 and Passing Off / Interim Injunction Application (urgent)
Outcome
Interim injunction granted in part by specified orders
Legal Topics
Interim Injunction, Passing Off, Breach of Undertaking, Misleading Conduct, Copyright Infringement, Marketing and Distribution
Copyright Fair Trading Act 1986 Passing Off Contract/undertaking Intellectual Property Interim Injunction Breach of Undertaking Misleading Conduct +2 more

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Parties

Robertson Engineering Limited

Applicant/plaintiff

Gallagher Group Limited

Respondent/defendant

Procedural Posture

Proceedings Under the Copyright Act 1994, Fair Trading Act 1986 and Passing Off / Interim Injunction Application (urgent)

Legal Issues

  1. 1 Whether Gallagher's brochure use of Robertson photographs and product codes amounts to passing off
  2. 2 Whether Gallagher breached an undertaking to differentiate its product
  3. 3 Whether Gallagher's conduct breaches the Fair Trading Act

Ratio Decidendi

The Court granted limited interim injunctive relief because Robertson established an arguable case of passing off regarding the brochure use and showed that damages would be difficult to assess; accordingly immediate steps were required to prevent public dissemination of the offending material pending final determination.

Court Disposition

Interim injunction granted in part by specified orders

Orders

  • Copies of the Gallagher Power Fence Weighting & EID Systems brochure held at Gallagher's Mystery Creek Field Days stand are to be removed from public availability and not made available until the photographs of Robertson wire strainers are over-stickered and references to Clip-Lock, Insul-Clip and their product...
  • Order (1) to apply from midnight on 12 June 2008