24 Mar 2016
RED BULL NEW ZEALAND LTD v DRINK RED LTD [2016] NZHC 531
- Citation
- [2016] NZHC 531
- Court
- High Court
Although there is a serious question to be tried based on evidence (notably staff confusion in about 19% of surveyed premises and other indicia), the plaintiffs did not establish a strong prima facie case; the balance of convenience and overall justice favored the defendants because an interim injunction would destroy them and there was insufficient evidence of serious consumer confusion or imminent, irreparable harm to plaintiffs; accordingly the interim injunction was denied.