Strategy and lessons from recent interlocutory injunctions in trade mark and passing off disputes

In December 2025 the Australian Federal Court considered two applications for interlocutory (or preliminary) injunctions in branding disputes: Prezzee Pty Ltd v Epay Australia Pty Ltd [2025] FCA 1662 and Lindrum v T&P Lindrum Pty Ltd [2025] FCA 1644.

Why was the Prezzee injunction granted, when the Lindrum injunction was not? We break down the factors that contributed to these very different legal results and consider: what lessons can be learned?

Key lessons for brand owners in a TM dispute

• There are significant practical advantage of owning a registered trade mark when seeking urgent relief;
• Before stopping a product launch or requiring a rebrand midstream, the Court will expect to see cogent evidence of the perceived damage, and