Kabushiki Kaisha Sanrio v Impression International Pty Ltd (No 2) [2008] FCA 346

FEDERAL COURT OF AUSTRALIA

Kabushiki Kaisha Sanrio v Impression International Pty Ltd (No 2) [2008] FCA 346

INTELLECTUAL PROPERTY – Goods seized and held by Customs collected notwithstanding the existence of an interlocutory injunction – further urgent interlocutory relief sought and granted KABUSHIKI KAISHA SANRIO (SANRIO COMPANY, LTD) v IMPRESSION INTERNATIONAL PTY LIMITED, BASSAM HAWKI AND HOA CHEN NSD 333 OF 2008

BUCHANAN J

12 MARCH 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 333 OF 2008

BETWEEN: KABUSHIKI KAISHA SANRIO (SANRIO COMPANY, LTD)

Applicant

AND: IMPRESSION INTERNATIONAL PTY LIMITED

First Respondent

BASSAM HAWKI

Second Respondent

HOA CHEN

Third Respondent

JUDGE: BUCHANAN J DATE OF ORDER: 12 MARCH 2008

WHERE MADE: SYDNEY

THE COURT NOTES THAT: A. Notwithstanding the Orders made by the Court on 11 March 2008, the First Respondent collected the goods referred to in paragraph 14 of the Statement of Claim (the "Infringing Products") from the Australian Customs Service shortly after 2pm on 12 March 2008. THE COURT ORDERS THAT: 1. Upon the Applicant giving the usual undertaking as to damages, the First Respondent whether by itself, its servants, agents, or otherwise is restrained, until further order of the Court, from advertising, promoting, selling, offering to sell, supplying or offering to supply in Australia any articles or goods collected from the Australian Customs Service in Victoria on 12 March 2008. 2. Upon the Applicant giving the usual undertaking as to damages, the First Respondent whether by itself, its servants, agents or otherwise shall do all acts and things necessary to cause any articles or goods referred to in Order 1 to be delivered up to the Melbourne offices of the Applicant's solicitors, Griffith Hack Lawyers Pty Ltd, at Level 3, 509 St Kilda Road, Melbourne, by 12pm on Friday, 14 March 2008. 3. Upon the First Respondent's compliance with Order 2, the Applicant will, pending further order of the Court, hold the any articles or goods delivered up in accordance with Order 2 in a secure storage facility, at its expense. 4. Leave is given to the Applicant to issue a subpoena to the Chief Executive Officer of the Australian Customs Service. 5. Abridgement is granted of all relevant times required for the service of the subpoena to the Chief Executive Officer of the Australian Customs Service. 6. The Applicant is to effect service of a sealed copy of the subpoena to the Chief Executive Officer of the Australian Customs Service by facsimile to the number (03) 6229 3840 by 10am on Thursday, 13 March 2008. 7. The Applicant's costs of and incidental to these interlocutory proceedings are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.