The scope of injunctions 

Tamberlin J found that Dynamic Supplies had infringed Brother's trade marks by importing and selling genuine Brother undbranded products in counterfeit packaging.  What  the scope of the injunction that should follow? 

Brother wanted an injunction that restrained the importation and sale of goods under or by reference to the Brother Trade Marks (or anything substantially idnetical or deceptively similar) without the licence or authority of Brother. 

Dynamic Supplies objected, citing the possibility of legitimate parallel imports.

Tamberlin J limited the injunction to importing, selling etc. goods in packaging to which any one or more of the Brother Trade Marks (or any substantially identical or deceptively similar mark) had been applied without the licence or authority of Brother.  (Brother here being the Brothr entity which was the owner of the trade marks.)

Citing the need for injunctions to be precisely formulated because of the risk of contempt, his Honour pointed out that the case did not involve counterfeit products, but products in counterfeit packaging.  On the other hand, his Honour did think that the practical difficulties claimed by Dynamic Supplies in relation to monitoring compliance could be dealt with it took appropriate care.