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The Court of Appeal dismissed an appeal by a dairy product company against the High Court's grant of an interlocutory injunction, which restrained the company from marketing its Skyr yoghurt products in packaging allegedly similar to that of a rival firm pending the outcome of a full trial. The Court found no material error in the High Court's findings that the plaintiff had established sufficient goodwill in its product, that there was a fair question to be tried regarding confusion and misrepresentation due to the similarity in packaging, and that damages would be inadequate to compensate for potential harm. While the Court upheld the interim injunction, it narrowed its scope, removing language that could constrain the company more broadly than the facts of the proceedings justified. The appeal was dismissed, with the Court noting the need for expedited trial proceedings given the ongoing restriction on market entry.
interlocutory injunction – passing off – Skyr yoghurt – product get-up – market confusion – goodwill – balance of convenience – adequacy of damages – survey evidence – standard of review – status quo – form of injunction – Rules of the Superior Courts (RSC) – Court of Appeal – High Court
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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