Sony Computer Entertainment Pty Ltd v Dannoun [2000] FCA 1634

Sony Computer Entertainment Pty Ltd v Dannoun [2000] FCA 1634

Mr Dannoun, in selling the three compact disks bearing marks substantially identical to 'PlayStation' and 'PS', acted recklessly regarding compliance with the court's earlier orders and thereby committed contempt. His conduct amounted to use of the marks as trade marks under s 120 of the Trade Marks Act 1995 (Cth).

Jurisdiction
Australia
Judgment Date
16 November 2000
Procedural Posture
Contempt of Court / Final Judgment; Penalty Determination
Outcome
Contempt of court proved in relation to 15 October 2000; penalty imposed; indemnity costs awarded.
Legal Topics
['trade Mark Infringement' 'breach of Court Orders' 'penalties for Contempt']
['intellectual Property Law' 'contempt of Court'] ['trade Mark Infringement' 'breach of Court Orders' 'penalties for Contempt']

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Procedural Posture

Contempt of Court / Final Judgment; Penalty Determination

Legal Issues

  1. 1 ["Did Mr Dannoun's conduct constitute contempt of court by infringing registered trade marks in breach of existing orders?" "Did selling or offering to supply compact disks with infringing marks amount to 'use as a trade mark' under s 120 of the Trade Marks Act 1995 (Cth)?" 'What is the appropriate penalty for the contempt in light of the circumstances?']

Ratio Decidendi

Mr Dannoun, in selling the three compact disks bearing marks substantially identical to 'PlayStation' and 'PS', acted recklessly regarding compliance with the court's earlier orders and thereby committed contempt. His conduct amounted to use of the marks as trade marks under s 120 of the Trade Marks Act 1995 (Cth).

Court Disposition

Contempt of court proved in relation to 15 October 2000; penalty imposed; indemnity costs awarded.

Orders

  • ['The first respondent pay by way of penalty a sum of $3,500.' 'The first respondent pay that sum by 31 December 2000.' "The first respondent pay the applicants' costs of the motion brought by notice of motion filed in Court on 27 October 2000 in so far as they relate to the contempt referred to in the above...