Pizzeys Patent and Trade Mark Attorneys Pty Limited v Bennett  FCA 2084 (13 December 2019)
Pizzeys were successful in obtaining an order for preliminary discovery.
The substantive proceedings involved an action by Pizzeys alleging breaches of confidentiality as well as post-employment non-competition, non-solicitation and non-dealing provisions.
Pizzeys is a specialist intellectual property firm which is part of the IPH Group.
The respondents were employees and principals of Pizzeys. Mr Bennett was also the managing principal and a director of Pizzeys. They resigned from Pizzeys in March/April 2018 with effect from 30 September 2018 and subsequently established their own patent attorney firm called RnB IP which commenced business on 23 April 2019.
Jagot J was satisfied there was sufficient evidence to support an objective reasonable belief by the applicant as to a misuse of confidential information by the respondents.
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