IP disputes often involve the (alleged) infringer providing undertakings or being subjected to injunctions to stop infringing the IP in the future. The sanction for non-compliance being (potentially) contempt of court.
The long running Deckers litigation has now reached the point where Tracey J has found a number of the respondents in contempt of court for breaching undertakings and injunctions from litigation in 2003, 2004 and 2007.
His Honour’s reasons provide a useful guide to prove the contempt(s). Unfortunately, it looks like there will need to be another hearing to establish the penalty.
Deckers Outdoor Corporation Pty Ltd v Farley (No 6) [2010] FCA 391
