Louis Vuitton Malletier SA v Trepper Summary

FEDERAL COURT OF AUSTRALIA
Louis Vuitton Malletier SA v Trepper [2002] FCA 1093
LOUIS VUITTON MALLETIER SA v EYTAN TREPPER (trading as “BEST SELLERS CLOTHING CO”)
V 342 OF 2000
SUNDBERG J
28 AUGUST 2002
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 342 OF 2000

BETWEEN:

LOUIS VUITTON MALLETIER SA
APPLICANT

AND:

EYTAN TREPPER (trading as “BEST SELLERS CLOTHING CO”)
RESPONDENT

JUDGE:

SUNDBERG J

DATE:

28 AUGUST 2002

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

I am satisfied that the respondent's acceptance that he has committed a contempt of court satisfies the requirement that a contempt be established beyond reasonable doubt. In those circumstances, the only question for me is an appropriate penalty. The amount suggested by both parties is $5000.
In the light of the respondent's acceptance of guilt, his apology to the court and to the applicant and the fact that the proposed consent order involves the respondent paying the applicant’s costs of $15,000 (an amount that, as I understand the position, is arrived at on a solicitor‑client basis), I have concluded that a fine of $5000 is appropriate.
I add that I would expect Mr Klempfner to convey to his client not only the seriousness with which the Court views the breach he has committed, but that any repetition, whether in respect of these precise goods or any other goods, is likely to be attended by a much greater fine, and indeed may result in punishment not necessarily restricted to a fine.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Sundberg.
Associate:
Dated: 4 September 2002

Counsel for the Applicant: E A Strong

Solicitors for the Applicant: Corrs Chambers Westgarth

Counsel for the Respondent: D A Klempfner

Solicitor for the Respondent: Michael Rickards

Date of Hearing: 28 August 2002

Date of Judgment: 28 August 2002

CaseChat Overview and Summary

In the Federal Court of Australia, Louis Vuitton Malletier SA brought a claim against Eytan Trepper, trading as "Best Sellers Clothing Co," in a case that involved issues of trademark infringement and contempt of court. The central dispute pertained to Mr. Trepper's admission of contempt of court and the appropriate penalty to be imposed as a consequence.

The court had to determine an appropriate penalty for Mr. Trepper's admitted contempt of court. Both parties suggested a penalty of $5000, which became the focal point of the court's deliberation. The court considered several factors, including Mr. Trepper's admission of guilt, his apology, and the proposed consent order that involved him paying the applicant's costs of $15,000. In light of these considerations, the court concluded that a fine of $5000 was appropriate.

Justice Sundberg, who presided over the case, delivered the judgment on 28 August 2002. The judgment included an order for Mr. Trepper to pay a fine of $5000. The court also emphasized the gravity of the contempt committed and warned Mr. Trepper that any repetition of such actions would likely result in more severe penalties, potentially beyond a monetary fine.

Louis Vuitton Malletier SA v Trepper

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 342 OF 2000

BETWEEN:	LOUIS VUITTON MALLETIER SA APPLICANT
AND:	EYTAN TREPPER (trading as “BEST SELLERS CLOTHING CO”) RESPONDENT

JUDGE:	SUNDBERG J
DATE:	28 AUGUST 2002
PLACE:	MELBOURNE

Counsel for the Applicant:	E A Strong
Solicitors for the Applicant:	Corrs Chambers Westgarth
Counsel for the Respondent:	D A Klempfner
Solicitor for the Respondent:	Michael Rickards
Date of Hearing:	28 August 2002
Date of Judgment:	28 August 2002