KING & WOOD MALLESONS SPECIAL COUNSEL JOHN CUSICK ENGAGED IN NESTLÉ CONSPIRACY

Posted on 18 October 2016

According to Nestlé lawyer Kim O’Connell a partner at King & Wood Mallesons, Dr John Cusick special counsel at King & Wood Mallesons, was not authorised by King & Wood Mallesons to take part in the malicious harassment against A-Sashi Vitamins (“A-Sashi”) founder James William Christian (“Christian”).

john cusick King & Wood Mallesons

From left to right: Dr John Cusick special counsel at King & Wood Mallesons; and Kim O’Connell, partner at King & Wood Mallesons 

KING & WOOD MALLESONS CLIENT NESTLÉ CONSPIRED
TO CUT SUPPLY TO ("A-SASHI")

In late 2013 when Post Holdings (“Post”) were preparing to acquire, the PowerBar + Musashi brands and related worldwide assets (“PowerBar + Musashi”) from Nestlé in a $500 million cash and stock deal, Nestlé conspired with (“Post”) to approach Arnet Pharmaceutical (“Arnet”) a contract manufacturer of nutritional supplements in the USA, to engage in a conspiracy to cut supply to (“A-Sashi”).

(“Arnet”) co-manufactured for (“A-Sashi”) from December 2012 but refused to continue in November 2013 after Owen Nelson PowerBar + Musashi General Manager caused (“Arnet”) to receive a supply-contract from (“Post”) for cutting supply to ("A-Sashi"). Information detailing (“Arnet”) and (“A-Sashi”) was purposely provided to Owen Nelson by Aldo D’Agostino, Head of Sales Oceania, DHL Global.


NESTLÉ & (“POST”) CONSPIRED TO CUT SUPPLY TO ("A-SASHI”) & COMMENCED LEGAL PROCEEDINGS AGAINST (“A-SASHI”) FOR A COLLATERAL PURPOSE OF WILLFUL AND MALICIOUS HARASSMENT

("Post") and Nestlé caused ("Arnet") to cut supply to (“A-Sashi”) and for a collateral purpose of willful and malicious harassment instructed IP lawyers, Banki Haddock Fiora, to file a Musashi trademark action to be brought against (“A-Sashi”) under the Trade Marks Act 1995 filed on 20 December 2013 commencing legal proceedings in the Federal Circuit Court of Australia proceedings – SYG3214/2013 Société des Produits Nestlé SA & Ors v James William Christian (“FCC proceedings”), claiming the use of (“A-Sashi”) infringed the Nestlé owned Musashi trademark registrations in Australia.


DR JOHN CUSICK CONSPIRED WITH NESTLÉ & ("POST") TO HARASS (“CHRISTIAN”)

Nestlé M&A lawyer Dr John Cusick, special counsel at King & Wood Mallesons, conspired with Nestlé and ("Post") against (“Christian”) engaging in willful and malicious harassment prior to commencing Musashi trademark litigation and during the proceedings, with the particulars being:

(a) On 31 July 2013 6-months prior to commencing the (“FCC Proceedings”) on 20 December 2013:

Dr Cusick filed a complaint with the Therapeutic Goods Advertising Code Council (“TGACC”) targeting 15 (“A-Sashi”) products in complaint number 2013/07/031, with (“Christian”) advised on 28 November 2013 that the complaint was considered vexatious and withdrawn; and

(b) Between 27 March-16 April 2014 during the (“FCC Proceedings”) Dr Cusick harassed (“Christian”) in that:

Dr Cusick called (“Christian”) on 2 occasions;

Dr Cusick called the youngest sister of (“Christian”) on 2 occasions at the retail store where the 21 year-old student worked on a part-time basis; and

Dr Cusick called the mother of (“Christian”) at her business address on 1 occasion.

On 16 April 2014 (“Christian”) sent an email complaint to John.Cusick@au.kwm.com advising Dr Cusick to discontinue the harassment.


On 30 April 2014 Kim O’Connell Partner at King & Wood Mallesons sent an email to (“Christian”) stating:

“Dr John Cusick is a lawyer at our firm, however he is currently on extended leave. I need to know what your issue is with Dr Cusick and in particular, whether Dr Cusick has been acting in his capacity as a lawyer in his dealings with you. This would potentially be a serious issue between Dr Cusick and the firm.”

Click here to download the Dr Cusick ("TGACC") complaint targeting 15 ("A-Sashi") products.



CONSPIRATORS MOVE TO CONCEAL MUSASHI LIABILITIES

Owen Nelson PowerBar + Musashi General Manager, after 25 years with Nestlé, was dismissed to conceal the conspiracy.

Pilar Vargas (“Arnet”) International Account Manager, after 13 years with (“Arnet”), was dismissed to conceal the conspiracy.

Aldo D’Agostino DHL Global Head of Sales Oceania, after 10 years with DHL, was dismissed to conceal the conspiracy.

Donna Bessell Nestlé Head IP Adviser Oceania, after 25 years with Nestlé, was dismissed to conceal the conspiracy.

(“Post”) and Nestlé IP lawyers, Banki Haddock Fiora, are no longer listed on IP Australia as the legal representative for (“Post”) and Nestlé trademarks.

 

More Posts

0 comments

Leave a comment

Search our store