ROBERTSON ENGINEERING LTD V GALLAGHER GROUP LTD HC HAM CIV 2008-419-744

ROBERTSON ENGINEERING LTD V GALLAGHER GROUP LTD HC HAM CIV 2008-419-744

An interim injunction was granted restraining Gallaghers from marketing or selling wire strainers manufactured by it and sold under product codes G69504 and G69553 until 4pm on 20 August 2008, based on specific undertakings by Gallaghers to remove/modify brochures, remove website references, cease use of those...

Source-derived case information.

Citation
openlaw-c9f32c10_59b8_49a9_91a2_d31e763157ca.pdf
Parties
Plaintiff: Robertson Engineering Ltd; Defendant: Gallagher Group Ltd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 July 2008
Procedural Posture
Interim Injunction (civil) / Interlocutory Hearing on Form of Orders
Outcome
Interim injunction granted on undertakings (partly not by consent) until 4pm on 20 August 2008; leave reserved to apply to discharge or vary earlier
Legal Topics
Interim Injunction, Undertakings to the Court, Branding and Packaging, Website Removals, Product Codes, Variation and Discharge of Injunctions
Civil Procedure Interim Injunctions Unfair Competition Passing Off/trade Dress Commercial Law Interim Injunction Undertakings to the Court Branding and Packaging +3 more

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Parties

Robertson Engineering Ltd

Plaintiff

Gallagher Group Ltd

Defendant

Procedural Posture

Interim Injunction (civil) / Interlocutory Hearing on Form of Orders

Legal Issues

  1. 1 Whether Gallaghers should be restrained from marketing and selling specified wire strainers (product codes G69504 and G69553)
  2. 2 Whether undertakings given by Gallaghers were adequate to support an interim injunction
  3. 3 Whether references to product codes and photographs should be removed from brochures and website

Ratio Decidendi

An interim injunction was granted restraining Gallaghers from marketing or selling wire strainers manufactured by it and sold under product codes G69504 and G69553 until 4pm on 20 August 2008, based on specific undertakings by Gallaghers to remove/modify brochures, remove website references, cease use of those product codes and replace and return old stock; leave was reserved to apply to discharge or vary the injunction on affidavit evidence of compliance or to allow rebranding under different codes and packaging.

Court Disposition

Interim injunction granted on undertakings (partly not by consent) until 4pm on 20 August 2008; leave reserved to apply to discharge or vary earlier

Orders

  • Until 4pm on 20 August 2008 Gallaghers is restrained from marketing or selling wire strainers manufactured by it and currently sold under the product codes G69504 and G69553.
  • Leave reserved for Gallaghers to apply to discharge the order earlier if it demonstrates by affidavit evidence that it has complied with all undertakings given to the Court.