Unilever PLC v Bless Point Pty Ltd [2007] FCA 551

FEDERAL COURT OF AUSTRALIA

Unilever PLC v Bless Point Pty Ltd [2007] FCA 551 UNILEVER PLC AND ANOR v BLESS POINT PTY LTD (ACN 109 918 845) AND ORS NSD 502 OF 2007

LINDGREN J

17 APRIL 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 502 OF 2007

BETWEEN: UNILEVER PLC

First Applicant

UNILEVER AUSTRALIA LTD

Second Applicant

AND: BLESS POINT PTY LTD (ACN 109 918 845)

First Respondent

LUKAS THAMIN

Second Respondent

K YOUNG TRADING PTY LTD (ACN 098 823 691)

Third Respondent

RAYMOND DAI

Fourth Respondent

JUDGE: LINDGREN J DATE OF ORDER: 5 APRIL 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT, upon the applicants by their counsel giving to the Court the usual undertakings as to damages: 1. The Applicant have leave to file in Court the affidavit of Susan Gaye O'Connor sworn 5 April 2007. 2. Until further order, each of the first and second respondents by itself or himself, its or his servants, agents or otherwise, be restrained from: (a) manufacturing; (b) causing or procuring the manufacture of; (c) importing; (d) causing or procuring the manufacture or importation of; (e) selling or offering or exposing for sale; (f) advertising or promoting; (g) otherwise distributing or trading in; or (h) destroying or returning to any supplier or disposing of other than to the applicants or their nominated agents any of the goods described in Annexure A ("Counterfeit Goods"). 3. Each of the first and second respondents, within 72 hours of the service of a sealed copy of this order upon it or him, as the case may be, file and serve an affidavit: Source of Counterfeit Goods (a) setting out the name or names and all known and current contact details, including addresses, telephone numbers, fax numbers and email addresses of the supplier or suppliers of the Counterfeit Goods, including the full details of any supplier of Counterfeit Goods that have been ordered by or on behalf of the first or second respondents but are yet to be received by such respondent(s); (b) detailing, if known, the manufacturer of each order of Counterfeit Goods (and indicating, where known, if the manufacturer is the same entity or person as the supplier to the respondents); (c) detailing the date that each order for Counterfeit Goods was placed by or on behalf of the first or second respondents, the quantity and composition of such order, and with whom it was placed at what price and expected date of delivery; (d) detailing the date that each order of Counterfeit Goods has been received by or on behalf of the first or second respondents, and the quantity and composition of such order; and (e) attaching copies of all documents in the possession, custody or power of any of the respondents which record or disclose the matters in sub-paragraphs (a) to (d) above, including (without limitation) invoices, purchase orders, bills of lading, delivery documents and receipts; Sale of Counterfeit Goods (f) setting out the names and all known and current contact details, including addresses, telephone numbers, fax numbers and email addresses of all persons and entities known to such respondent to have purchased quantities of Counterfeit Goods from the first or second respondents; (g) detailing the date of each such purchase by each named purchaser, the specific products purchased, the quantity purchased and the price paid; (h) attaching copies of all documents in the possession, custody or power of any of the respondents which record or disclose the matters in sub-paragraph (f) above, including sales invoices and receipts and verifying that all such information is complete and that all such documents have been so attached. 4. For the purposes of order 3, service may be effected by a sealed copy of this order being posted by registered mail to the first and second respondents addressed to the first or second respondent, as the case may be, at Unit 3, 161–171 Princes Highway, Kogarah NSW 2217 or by being handed to a person apparently over the age of 16 years at the address. 5. Order 4 is without prejudice to the right of the applicants to effect personal service on the first and second respondents. 6. Any service effected pursuant to Order 4 is without prejudice to the right of the first and second respondents to advance such arguments as they may be advised in relation to any alleged contempt of Court. 7. The applicants have liberty to apply on three hours' notice. 8. The costs of the obtaining of interlocutory relief be part of the applicants' costs of the proceeding. 9. The proceeding be stood over to 26 April 2007 at 9.30 am. 10. These orders be entered expeditiously.