Sony Computer Entertainment Aust Pty Ltd v Jakopcevic [2002] FCA 777

Sony Computer Entertainment Aust Pty Ltd v Jakopcevic [2002] FCA 777

The Court inferred that the first, second and fourth respondents knew throughout the relevant period that their advertising and sale of infringing PlayStation CD-ROMs infringed the Sony Trade Marks, and, because they did not appear or adduce evidence, calculated profits from the applicants' evidence by adopting five years of trading, 100 CDs per week, an average sale price of $7.50 and an allowance of $1.50 per blank CD, producing profit of $6.00 per CD and total profits of $156,000, with interest under s 51A.

Jurisdiction
Australia
Judgment Date
14 June 2002
Procedural Posture
Trade Mark Infringement Proceeding; Accounting for Profits / Judgment on Accounting for Profits After Prior Declaration of Infringement and Injunctive Relief
Outcome
Judgment for the applicants against the first, second and fourth respondents for $208,979.73, including $156,000.00 profits and $52,979.73 interest, with costs.
Legal Topics
['trade Mark Infringement' 'accounting for Profits' 'interest on Judgment' 'anton Piller Orders']
['intellectual Property' 'trade Marks'] ['trade Mark Infringement' 'accounting for Profits' 'interest on Judgment' 'anton Piller Orders']

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Procedural Posture

Trade Mark Infringement Proceeding; Accounting for Profits / Judgment on Accounting for Profits After Prior Declaration of Infringement and Injunctive Relief

Legal Issues

  1. 1 ['Whether the first, second and fourth respondents were liable to account for profits from infringing use of the Sony Trade Marks during the relevant period.' 'What period of trading, number of infringing PlayStation CD-ROM games sold, sale price, and allowable deductions should be used to calculate profits.' 'Whether interest should be awarded under s 51A of the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

The Court inferred that the first, second and fourth respondents knew throughout the relevant period that their advertising and sale of infringing PlayStation CD-ROMs infringed the Sony Trade Marks, and, because they did not appear or adduce evidence, calculated profits from the applicants' evidence by adopting five years of trading, 100 CDs per week, an average sale price of $7.50 and an allowance of $1.50 per blank CD, producing profit of $6.00 per CD and total profits of $156,000, with interest under s 51A.

Court Disposition

Judgment for the applicants against the first, second and fourth respondents for $208,979.73, including $156,000.00 profits and $52,979.73 interest, with costs.

Orders

  • ['The first, second and fourth respondents account to the applicants for profits in a sum of $156,000.00.' 'There be judgment for the applicants against the first, second and fourth respondents for $208,979.73, including the sum of $156,000.00 referred to in Order 1 above and interest of $52,979.73 under s 51A of...