Russ Berrie & Co Inc v Wayne Jacobs Playscene (Aust) Pty Ltd [2001] FCA 942

FEDERAL COURT OF AUSTRALIA

Russ Berrie & Co Inc v Wayne Jacobs Playscene (Aust) Pty Ltd [2001] FCA 942

RUSS BERRIE & COMPANY INC & ANOR v WAYNE JACOBS PLAYSCENE (AUSTRALIA) PTY LIMITED (ACN 079 040 832) N1059 OF 2001 LINDGREN J

SYDNEY 13 JULY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1059 OF 2001

BETWEEN: RUSS BERRIE & COMPANY INC

FIRST APPLICANT

RUSS AUSTRALIA PTY LIMITED

(ACN 088 221 881)

SECOND APPLICANT

AND: WAYNE JACOBS PLAYSCENE (AUSTRALIA) PTY LIMITED

(ACN 079 040 832)

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 13 JULY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The proceeding be fixed for final hearing on 8 August 2001.

2. The interlocutory relief sought is refused.

THE COURT NOTES THAT:

3. The respondent undertakes to the Court:

(i) not, by itself, its servants, agents or otherwise, to effect any sales after 12 midnight on 13 July 2001 of the goods referred to in paragraph 1 of the application unless those goods have attached to them a two page swing tag in the from attached to the exhibit marked "WAJ4" referred to in the affidavit of Wayne Ashley Jacobs sworn 13 July 2001 with the words "has been designed and developed in Australia" having been deleted;

(ii) to keep records and provide those records to the applicants (following a reasonable request to do so) and to the Court, which records will comprise the following particulars of sales effected by the respondent of the goods referred to in paragraph 1 of the application:

(a) the quantity of goods sold;

(b) the identity of the items sold by reference to the respondent's item numbers;