Source: All England Reporter
Publisher Citation: [2005] All ER (D) 235 (Nov)
Court: Chancery Division
Judge:

Lewison J

Representation Alan Gourgey QC and Ian Purvis (instructed by Philippsohn Crawfords Berwald) for the applicant.
  Michael Bloch QC and Emma Himsworth (instructed by Herbert Smith) for the defendants.
Judgment Dates: 17 November 2005

Catchwords

Injunction - Interim - Balance of convenience - Claimant seeking to restrain publication of advertisements - Whether circumstances favouring granting of injunction.

The Case

In passing off and trade mark infringement proceedings, the claimant's application for injunctive relief against the defendants was rejected on the ground that the interference with the defendants' freedom of expression tipped the balance of convenience against the granting of the injunction.

Practice Areas

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