Thomas International Limited v Humantech Pty Ltd

Thomas International Limited (TIL) sought an interlocutory mandatory injunction against Humantech Pty Ltd (Humantech) and others to compel the transfer of two domain names: www.thomasinternational.com.au and www.thomas.co.za. TIL, an English company providing psychological testing and psychometric assessments, argued that Humantech's use of these domain names infringed on TIL's registered trademarks and caused confusion in the market. The central issue before the court was whether TIL's case was strong enough to warrant the grant of interlocutory mandatory injunctions, and if the balance of convenience favoured TIL.

The court considered the strength of TIL's case for final relief, noting that TIL's trademarks were well-established and registered in multiple jurisdictions, including Australia and South Africa. The court also evaluated the balance of convenience, weighing the potential harm to TIL if the domain names were not transferred against the potential harm to Humantech if the injunctions were granted. Given TIL's strong case and the significant risk of confusion and damage to TIL's business if the domain names remained with Humantech, the court found that the balance of convenience favoured TIL. The court was also persuaded by the fact that TIL would provide undertakings as to damages and agree to re-transfer the domain names if ultimately ordered by the court.

In conclusion, the court granted the interlocutory mandatory injunctions, compelling Humantech to transfer the domain names to TIL. The court also ordered that TIL provide undertakings as to damages and re-transfer the domain names if so ordered by the court. The costs of the interlocutory application were reserved, and the proceeding was stood over for directions. The administrators of the respondents undertook to preserve all relevant documents.