Sony Computer Entertainment Aust Pty Ltd v Jakopcevic [2001] FCA 1520

Sony Computer Entertainment Aust Pty Ltd v Jakopcevic [2001] FCA 1520

The evidence from the six controlled purchases, the observations linking vehicles and couriers to 10 Grace Street, Cranbourne, the seizure of hundreds of CD-ROMs and computer records, and recovered ICQ messages satisfied the Court that Barry Jakopcevic, Dominique Jakopcevic and Anthony "Frank" Guthrie were centrally concerned in producing, distributing and selling CD-ROMs by reference to, and by the use of, counterfeits of one or both Sony Trade Marks, and thereby infringed those trade marks.

Jurisdiction
Australia
Judgment Date
24 October 2001
Procedural Posture
Proceeding for Infringement of Two Trade Marks / Final Hearing Proceeded in the Absence of the First, Second and Fourth Respondents; Leave Granted to Discontinue Against the Third Respondent
Outcome
Declarations of infringement and injunctive, delivery up and costs orders made against the first, second and fourth respondents; proceeding stood over for further directions regarding pecuniary relief; leave to discontinue against the third respondent granted.
Legal Topics
['trade Mark Infringement' 'counterfeit CD ROM Computer Games' 'anton Piller Order' 'injunction' 'delivery Up' 'costs']
['intellectual Property' 'trade Marks' 'civil Procedure'] ['trade Mark Infringement' 'counterfeit CD ROM Computer Games' 'anton Piller Order' 'injunction' 'delivery Up' 'costs']

Case Brief

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Procedural Posture

Proceeding for Infringement of Two Trade Marks / Final Hearing Proceeded in the Absence of the First, Second and Fourth Respondents; Leave Granted to Discontinue Against the Third Respondent

Legal Issues

  1. 1 ["Whether CD-ROMs sold to the applicants' agent bore counterfeits of, or electronically stored representations substantially identical with, the Sony Trade Marks." 'Whether the first, second and fourth respondents were centrally concerned in the production, distribution and selling of infringing CD-ROMs from 10 Grace Street, Cranbourne.' 'Whether declarations, injunctive relief, delivery up, costs and further directions on pecuniary relief should be ordered.']

Ratio Decidendi

The evidence from the six controlled purchases, the observations linking vehicles and couriers to 10 Grace Street, Cranbourne, the seizure of hundreds of CD-ROMs and computer records, and recovered ICQ messages satisfied the Court that Barry Jakopcevic, Dominique Jakopcevic and Anthony "Frank" Guthrie were centrally concerned in producing, distributing and selling CD-ROMs by reference to, and by the use of, counterfeits of one or both Sony Trade Marks, and thereby infringed those trade marks.

Court Disposition

Declarations of infringement and injunctive, delivery up and costs orders made against the first, second and fourth respondents; proceeding stood over for further directions regarding pecuniary relief; leave to discontinue against the third respondent granted.

Orders

  • ['The first and second respondents have each infringed the Sony Trade Marks by offering to sell and selling without the licence of the second applicant to an agent of the first applicant on 4 June 2000, 20 October 2000, 26 October 2000, 15 November 2000, 3 January 2001 and 5 February 2001 CD-ROMs containing software...