DREAM DOORS (NZ) LTD v MIKE FATCHES DESIGN LTD [2014] NZHC 290

DREAM DOORS (NZ) LTD v MIKE FATCHES DESIGN LTD [2014] NZHC 290

On the evidence and assurances given by Mr Fatches that he and the companies he controls would cease use of the Dream Doors name and trade-mark, the parties agreed to a consent interim prohibitory injunction restraining the defendants from using the name Dream Doors or the Dream Doors trade-mark or any similar name in the operation and marketing of their business, including any website and in connection with the phone numbers 027 444 2860 and 0800 645 333, and the Court made that order pending further order; costs directions were set for determination on the papers.

Citation
[2014] NZHC 290
Parties
First Plaintiff: Dream Doors (NZ) Ltd; Second Plaintiffs (trustees of the Dream Trust): Derek Lilly and Phillip Jay; First Defendant: Mike Fatches Design Ltd; Second Defendant: Michael Ernest Fatches; Third Defendant: Dream Doors Kitchens Ltd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 February 2014
Procedural Posture
Interlocutory Application for Interim Injunctions / Hearing on Interim Injunctions (interlocutory)
Outcome
Interim injunction granted by consent restraining defendants from using the name Dream Doors or the Dream Doors trade-mark or any similar name in operation and marketing of their business, including operation of any website and in connection with phone numbers 027 444 2860 and 0800 645 333; costs timetable ordered...
Legal Topics
Interim Injunction, Trademark Infringement, Breach of Contract, Misleading and Deceptive Conduct, Delivery Up of Property, Franchise and Agency
Trade Marks Contract Fair Trading Passing Off Intellectual Property Injunctions Interim Injunction Trademark Infringement +4 more

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Parties

Dream Doors (NZ) Ltd

First Plaintiff

Derek Lilly and Phillip Jay

Second Plaintiffs (trustees of the Dream Trust)

Mike Fatches Design Ltd

First Defendant

Michael Ernest Fatches

Second Defendant

Dream Doors Kitchens Ltd

Third Defendant

Procedural Posture

Interlocutory Application for Interim Injunctions / Hearing on Interim Injunctions (interlocutory)

Legal Issues

  1. 1 Whether interim prohibitory and mandatory injunctions should be granted to restrain use of the Dream Doors name and trademark and to compel delivery of intellectual property and transfer of telephone numbers
  2. 2 Whether there is a serious issue to be tried and where the balance of convenience lies
  3. 3 Whether the defendant's undertakings and conduct justify a consent interim order

Ratio Decidendi

On the evidence and assurances given by Mr Fatches that he and the companies he controls would cease use of the Dream Doors name and trade-mark, the parties agreed to a consent interim prohibitory injunction restraining the defendants from using the name Dream Doors or the Dream Doors trade-mark or any similar name in the operation and marketing of their business, including any website and in connection with the phone numbers 027 444 2860 and 0800 645 333, and the Court made that order pending further order; costs directions were set for determination on the papers.

Court Disposition

Interim injunction granted by consent restraining defendants from using the name Dream Doors or the Dream Doors trade-mark or any similar name in operation and marketing of their business, including operation of any website and in connection with phone numbers 027 444 2860 and 0800 645 333; costs timetable ordered...

Orders

  • That an injunction shall issue pending further order of the Court to restrain the defendants from today from using the name Dream Doors or the Dream Doors trade-mark or any similar name in the operation and marketing of the defendants' business, including the operation of any website and in connection with the phone...
  • Any application for costs shall be made by memorandum which is to be filed and served on or before Friday 28 March 2014.