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

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

Because the respondents did not dispute the claims and agreed to the substantive relief sought, it was appropriate to order final relief restraining trade mark infringement and false representations, declaring breach of the second respondent's undertaking, restraining further dealing in Omo and Dove marked products without consent, and requiring delivery up of counterfeit products, while standing over the remaining issues of compensation, costs and interlocutory disclosure relief.

Jurisdiction
Australia
Judgment Date
30 March 2009
Procedural Posture
Proceedings Concerning Alleged Trade Mark Infringement, Contravention of the Trade Practices Act 1974 (cth), and Breach of an Undertaking / First Directions; Final Relief Ordered by Consent in Part, With Compensation, Costs and Interlocutory Relief Stood Over
Outcome
Final relief ordered in part by consent; remaining issues stood over for directions.
Legal Topics
['alleged Counterfeit Products Bearing Omo, Dove and Rexona Trade Marks' 'infringement of Registered Trade Marks' 'false Representations in Trade and Commerce' 'breach of Undertaking' 'delivery Up for Destruction' 'appearance by Company Through Sole Director With Leave' 'norwich Pharmacal Relief']
['intellectual Property' 'trade Marks' 'consumer Protection' 'civil Procedure'] ['alleged Counterfeit Products Bearing Omo, Dove and Rexona Trade Marks' 'infringement of Registered Trade Marks' 'false Representations in Trade and Commerce' 'breach of Undertaking' 'delivery Up for Destruction' 'appearance by Company Through Sole Director With Leave' 'norwich Pharmacal Relief']

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Procedural Posture

Proceedings Concerning Alleged Trade Mark Infringement, Contravention of the Trade Practices Act 1974 (cth), and Breach of an Undertaking / First Directions; Final Relief Ordered by Consent in Part, With Compensation, Costs and Interlocutory Relief Stood Over

Legal Issues

  1. 1 ["Whether the respondents should be restrained from infringing the applicants' registered trade marks" 'Whether the respondents should be restrained from falsely representing that products sold by them were manufactured by or with the approval of the applicants' 'Whether the second respondent breached his undertaking dated 19 March 2007 to the first applicant' "Whether the respondents should deliver up counterfeit products bearing the applicants' trade marks" 'Whether questions of compensation, costs, and interlocutory relief requiring production of documents and disclosure of the source of counterfeit goods should be stood over']

Ratio Decidendi

Because the respondents did not dispute the claims and agreed to the substantive relief sought, it was appropriate to order final relief restraining trade mark infringement and false representations, declaring breach of the second respondent's undertaking, restraining further dealing in Omo and Dove marked products without consent, and requiring delivery up of counterfeit products, while standing over the remaining issues of compensation, costs and interlocutory disclosure relief.

Court Disposition

Final relief ordered in part by consent; remaining issues stood over for directions.

Orders

  • ['Leave granted to the applicants to file in Court an affidavit of Kenneth James Taylor sworn 25 March 2009.' 'Leave granted to the second respondent to appear today for the first respondent as a sole director of the first respondent, noting that the grant of leave does not extend beyond today.' 'Leave granted to...