15 Sept 2009
CA SANSON V DEMON DRINKS LIMITED AND ENERGY PRODUCTS LIMITED HC AK CIV 2009-404-5464
- Citation
- openlaw-7a55297b_bb26_4d03_a399_901c6fbd2e12.pdf
- Court
- High Court
The interim injunction was declined: although there is a serious question as to whether the defendants' products infringe Standard 2.6.4, the balance of convenience and overall justice favor the defendants because the illegality is not plain, significant commercial prejudice would follow, there is no satisfactory evidence of public health risk, and the plaintiff failed to provide adequate evidence of ability to meet an undertaking as to damages.