Lamont v Malishus Limited (NZ) and Ors (No.3)

Case

[2020] FCCA 1908

14 July 2020


Details
AGLC Case Decision Date
Lamont v Malishus Limited (NZ) and Ors (No.3) [2020] FCCA 1908 [2020] FCCA 1908 14 July 2020

CaseChat Overview and Summary

The applicant, Lamont, sought interlocutory relief against the respondents, Malishus Limited and others. The dispute concerned alleged trade mark infringement. The application was heard by Judge Manousaridis.

The central legal issue before the court was whether there was a real risk that two of the four respondents would engage in conduct that would infringe the applicant's trade marks.

Judge Manousaridis determined that the applicant had not established a sufficient likelihood of future infringement by the relevant respondents to warrant the grant of interlocutory relief. The application was therefore not granted.
Details

Areas of Law

  • Civil Procedure

  • Intellectual Property

Legal Concepts

  • Injunction

  • Remedies

  • Standing

  • Jurisdiction

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