16 Nov 2005
HEALTHY FOOD MEDIA LTD V HEALTHY OPTIONS LTD HC AK CIV 2005-404-6484
- Citation
- openlaw-1e2df2d2_8027_41b9_ab00_a7b33b18eec4.pdf
- Court
- High Court
The Court found there was a serious question to be tried on both passing off and breach of s9 Fair Trading Act 1986 because the defendant's title and get-up were sufficiently similar to risk consumer confusion and probable damage to the plaintiff's goodwill; the balance of convenience favoured the plaintiff because damages would be inadequate or difficult to quantify and the defendant had not engaged substantively; accordingly an ex parte interim injunction was granted.