G4S SECURITY SERVICES (K) LIMITED v GROUP FOUR SECURITY LIMITED [2007] KECA 10 (KLR)

Facts

The respondent filed a suit against the applicant alleging infringement of trade mark and passing off services. The respondent sought an injunction restraining the applicant from trading in the name of Group 4 Securicor or any similar name and to cease all activities under the same name. The applicant applied for a stay of the injunction order pending appeal.

Issues

1. Whether the injunction order should be stayed pending appeal
2. Whether the applicant would suffer substantial loss and irreparable damage if the injunction is not stayed

Reasoning

The superior court was satisfied that the respondent had shown on prima facie basis that it would suffer substantial loss which would not be adequately compensated by damages. The injury to the applicant is readily quantifiable, while the respondent might lose its corporate identity to the applicant if the stay is granted.

Outcome

The application for stay of the injunction order was granted

Authorities cited