21 Jul 2006
LEISUREWORLD LTD V ELITE FITNESS EQUIPMENT LTD HC AK CIV 2006-404-3499
- Citation
- openlaw-15b422bf_2fc8_4f50_a560_a5ce60aab3bc.pdf
- Court
- High Court
Leisureworld established a serious question to be tried on trade mark infringement and the balance of convenience favored granting an interim injunction: s97A requires express or unequivocal implied consent to worldwide marketing and no such consent could be inferred on the evidence before the Court, so the parallel importing defence was insufficient at interlocutory stage; accordingly an interim injunction restraining Elite pending trial was justified.