Unilever PLC v Smart Dollars Pty Limited [2009] FCA 344

FEDERAL COURT OF AUSTRALIA

Unilever PLC v Smart Dollars Pty Limited [2009] FCA 344

UNILEVER PLC and UNILEVER AUSTRALIA LIMITED ACN 004 050 828 v SMART DOLLARS PTY LIMITED ACN 104 023 636 and BAO KUN LIN

NSD 191 of 2009

GRAHAM J

30 MARCH 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 191 of 2009

BETWEEN: UNILEVER PLC

First Applicant

UNILEVER AUSTRALIA LIMITED ACN 004 050 828

Second Applicant

AND: SMART DOLLARS PTY LIMITED ACN 104 023 636

First Respondent

BAO KUN LIN

Second Respondent

JUDGE: GRAHAM J

DATE OF ORDER: 30 MARCH 2009

WHERE MADE: SYDNEY

THE COURT GRANTS LEAVE: 1. To the applicants to file in Court an affidavit of Kenneth James Taylor sworn 25 March 2009. 2. To the second respondent to appear today for the first respondent as a sole director of the first respondent, noting that this grant of leave does not extend beyond today. 3. To the second respondent to file in Court a Notice of Appearance in respect of himself AND THE COURT: 4. Orders that the respondents and each of them, whether by themselves, their servants, agents, or otherwise, be restrained from infringing registered trade mark no. 744279, 883073, 1041224, 124276, 217187 and 1017981. 5. Orders that the respondents, and each of them, whether by themselves, their servants, agents or otherwise, be restrained in trade and commerce from falsely representing that products sold by them are manufactured by or with the approval of the applicants. 6. Declares that the second respondent breached his undertaking dated 19 March 2007 to the first applicant not to purchase, offer for sale, promote, advertise, sell provide, supply, distribute or otherwise trade in products which bear any of the first applicant's: (a) OMO trade marks, including registered trade marks no: 124276, 203285 and 244717; (b) DOVE trade marks, including registered trade marks no: 134497 and 196375; or any substantially identical or deceptively similar mark or to aid, abet, counsel or procure any other person to do so without the first applicant's consent. 7. Orders that the second respondent be restrained, whether by his servants, agents or otherwise from manufacturing, producing, ordering, purchasing, importing, offering for sale, promoting, advertising, selling, providing, supplying, distributing, exporting or otherwise trading in products which bear any of the first applicant's: (a) OMO trade marks, including registered trade marks no: 124276, 203285 and 244717; (b) DOVE trade marks, including registered trade marks no: 134497 and 196375; or any substantially identical or deceptively similar mark or aiding, abetting, counselling or procuring any other person to do so without the first applicant's consent. 8. Orders that the respondents deliver up to the applicants all counterfeit products in the first respondent's possession, custody or control which bear any of the first applicant's trade marks for "Omo", "Rexona" and "Dove" referred to in Order 4 for destruction, by delivering same to the offices of Henry Davis York 44 Martin Place Sydney on or before Friday 3 April 2009 together with a statement signed by the second respondent confirming that the goods so delivered are all of the counterfeit products in the possession, custody or control of the respondents or either of them. 9. Orders that the matter stand over for directions at 10:15am on Monday 6 April 2009 to address the further conduct of the proceedings in relation to the balance of the relief sought by the applicants. 10. That the costs of today be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA