Thomson Geer acted for Sealed Air in a successful action against Aus-Lid for breach of an exclusive licence agreement relating to the manufacture of a combo-lid (combined spoon/lid) supplied to Chobani.
Sealed Air Australia had been manufacturing a "combo-lid" (a combined spoon-lid component created from one piece of plastic) under a patent licence agreement with Aus-Lid since 2011. These combo-lids were supplied to Chobani for use in its Gippsland Dairy range. In 2014, Sealed Air became aware that Visy was supplying almost identical lids to Chobani under an Aus-Lid sub-licence, which was in breach of its exclusive licence agreement.
After failed repeated requests to Visy to cease supplying the lid, Sealed Air launched Federal Court proceedings against Aus-Lid and Visy in January 2015 seeking damages in tort for breach of contracts as well as misleading and deceptive conduct.
Our client was awarded almost $3 million in damages, with Visy ordered to pay $1.6 million, and Aus-Lid (currently in liquidation), $1.3 million.