11 Jul 2008
ROBERTSON ENGINEERING LTD V GALLAGHER GROUP LTD HC HAM CIV 2008-419-744
- Citation
- openlaw-558c5e6d_3e1e_4764_8bfd_051f1602877f.pdf
- Court
- High Court
The court found there is a serious question to be tried under s9 based on the cumulative effect of retained Gallagher get-up, use of Robertson photographs in brochures and retention of identical product codes such that relevant purchasers are likely to be misled; on balance and in the interests of justice limited interim restraint and remedial steps (brochure editing, product code changes, record keeping and removal from Strainrite displays) were justified pending review and trial, with damages available as an alternative remedy.