6 Dec 2007
PORTACOM V PORT A ROOM AND ANOR HC AK CIV 2007-404-2536
- Citation
- openlaw-18e5c9e7_689f_4747_a006_802481d6edc5.pdf
- Court
- High Court
The plaintiff established an arguable case of similarity but failed to satisfy the balance of convenience and overall justice for mandatory interim relief: the mark 'Portacom' faces a credible attack of having become descriptive/generic, there is little present risk of actual confusion given PARL's limited, local sales and absence of reported confusion, and granting an injunction now would disproportionately harm the small competitor who has traded for two and a half years; accordingly interim injunctive relief was declined.