Shanghai Longfong Foods Co, Ltd v International ANEC Pty Ltd and Junko Morimoto

In the matter of *Shanghai Longfong Foods Co, Ltd v International ANEC Pty Ltd and Junko Morimoto*, the Supreme Court of Victoria was asked to consider an application for an interlocutory injunction. The applicant, Shanghai Longfong Foods Co, Ltd, sought to restrain the respondents, International ANEC Pty Ltd and Junko Morimoto, from continuing to use certain trade marks and from engaging in conduct that allegedly infringed the applicant's intellectual property rights.

The central legal issues before the Court were whether the applicant had established a strong prima facie case of trade mark infringement and passing off, and whether the balance of convenience favoured the grant of an interlocutory injunction. Specifically, the Court had to determine if the respondents' use of the impugned trade marks was likely to cause confusion among consumers and whether the applicant would suffer irreparable harm if the injunction were not granted.

Justice Heath Wilson considered the evidence presented by both parties regarding the alleged infringement and the potential for damage. The Court applied the well-established principles for granting interlocutory injunctions, which require the applicant to demonstrate a serious question to be tried and that damages would not be an adequate remedy. The Court weighed the potential harm to the applicant if the injunction was refused against the potential harm to the respondents if it was granted, considering factors such as the strength of the applicant's asserted rights and the likelihood of success at trial.

The Court ultimately determined that the applicant had not satisfied the threshold for granting an interlocutory injunction. The application was therefore dismissed.