Apple and Pear Australia Ltd v Pink Lady America LLC (No 2)

Apple and Pear Australia Ltd brought proceedings against Pink Lady America LLC, seeking relief in relation to the use of a trademark. The parties disputed the validity of a trademark registration held by Pink Lady America LLC. Apple and Pear Australia Ltd applied for interlocutory relief pending the outcome of an appeal to the High Court. The Federal Court considered whether the application for interlocutory relief should be granted, examining the prospects of success, the balance of convenience, and the potential for irreparable loss. The court held that the applicant had not demonstrated that they were likely to succeed on the merits of the appeal or that they would suffer irreparable loss if the relief was not granted. Furthermore, the balance of convenience did not favour the applicant. The court also noted that undertakings had been given in relation to some of the orders sought, which further supported the conclusion that there was no irreparable loss. Consequently, the application for interlocutory relief was dismissed.