Michael Edenborough KC acted for the successful appellant, such that the Court of Appeal discharged an interim injunction that had been granted at first instance to prevent the dissemination of further letters that threatened to commence proceedings for trade mark infringement. The case hinged on what was the threshold test for the grant of such interim relief – the Court of Appeal held that the higher level, “likely to establish”, contained within s.12(3) of the Human Rights Act 1998 was appropriate, rather than the “serious issue to be tried” test expounded with American Cyanamid.

This judgment has potential ramifications for all IP matters to which the Threats provisions apply where interim relief is being sought.