Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sunbeam Corporation Ltd v Breville Pty Ltd [2006] FCA 1808
SUNBEAM CORPORATION LTD v BREVILLE PTY LTD NSD 2444 OF 2006
ALLSOP J
20 DECEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2444 OF 2006
BETWEEN: SUNBEAM CORPORATION LTD
Applicant
AND: BREVILLE PTY LTD
Respondent
JUDGE: ALLSOP J
DATE OF ORDER: 20 DECEMBER 2006
WHERE MADE: SYDNEY
UPON the Applicant undertaking by its Counsel:
(a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and
(b) to pay the compensation referred to in (a) to the person there referred to,
THE COURT ORDERS THAT:
1. The Respondent keep true and separate accounts in respect of: (a) the quantity of Kinetix blenders the subject of this proceeding (Kinetix blenders) imported by the Respondent; (b) the quantity of Kinetix blenders sold by the Respondent; (c) the landed cost to the Respondent of those blenders; (d) the name and address of each retailer to whom the Respondent sells or distributes a Kinetix blender; and (e) the date or dates of each sale or distribution; and (f) the selling price of each blender sold.
2. The Respondent affix opaque stickers on all Kinetix blender packaging so as to obscure the word "patented" wherever appearing on the packaging in respect of: (a) all stock currently in the Respondent's possession, custody, power or control; and (b) all stock currently en route to the Respondent from the manufacturer. 3. The Respondent take all steps feasible as promptly as possible to affix the stickers described in paragraph 2 above to the packaging of the Kinetix Blenders that have been supplied and are still in retail stores so as to obscure the word "patented" appearing on the packaging.
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