The Australian Federal Court’s decision in RB (Hygiene Home) Australia Pty Ltd & Anor v Henkel Australia Pty Ltd[1] demonstrates the powerful option of seeking an urgent interim injunction to protect the strength and value of an established brand, and to protect market share.

Key takeaways

  • Businesses need to be aware of their competitors’ brands and reputation, before launching their brand in Australia.
  • Urgent injunctive relief sought on an interim basis can afford significant protection to brand owners.
  • The effect on the party subject to the injunction can be significant, particularly in the consumer sector, and can include wasted launch expenditure for new products, costs in redesigning packaging as well as marketing campaigns and materials, and any cost involved with re-negotiating contracts with distributors.

Click here to read our full analysis of the decision and its implications for brand owners.


  1. [2021] FCA 1094.

Authors

Sue Gilchrist
Sue Gilchrist
Head of IP - Australia
+61 2 9225 5221
Vanessa Jiang
Vanessa Jiang
Solicitor
+61 2 9225 5382

Byron Turner
Byron Turner
Solicitor
+61 2 9322 4155