Principles of Anton Pillar Injunctions

Practice flashcards covering the guiding principles for granting Anton Pillar injunctions, as established in the case of FERDO limited versus Unibro stores (1918).

In which case were the guiding principles for the grant of an Anton Pillar injunction laid down?

FERDO limited versus Unibro stores, 1980

According to the transcript, what is an Anton Pillar injunction?

An injunction that gives the applicant the order or rights to enter into the premises of the defendant to seize or preserve or take any goods or articles that are in possession of the respondent.

What specific types of infringement must an applicant show for the court to grant an Anton piller injunction?

An infringement against his trademarks, copyright, patent rights or designs.

To enter a respondent's premises, what must the applicant show regarding the property in question?

The applicant must show that the infringing property is in the possession of respondent.

Why must an applicant show that a respondent is likely to destroy or hide property if an application is made on notice?

Because an Anton Pillar injunction is normally an ex parte order.

What must the applicant show would happen to their case if the court refuses to make the order for Anton Piller injunction?

The applicant must show that his case would be seriously frustrated.