The applicants argued that the second respondent – as the sole director and principal responsible for the first respondent’s operations – was liable as an accessory for the infringement and ACL contraventions and as a joint tortfeasor with the first respondent for passing off.
The applicants asserted that the respondents breached their October 2021 settlement agreement to enforce a compromise arising from the applicants’ earlier proceeding against the respondents, which alleged trademark infringement, misleading and deceptive conduct, and passing off.
The applicants wanted injunctive relief, damages for infringement, and exemplary damages for passing off.
Last July, the Supreme Court of Victoria…