The Australian Federal Court’s decision in RB (Hygiene Home) Australia Pty Ltd & Anor v Henkel Australia Pty Ltd 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.
- 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.
-  FCA 1094.