Sony Computer Entertainment Australia Pty Ltd v Johnston [2001] FCA 912

Sony Computer Entertainment Australia Pty Ltd v Johnston [2001] FCA 912

The respondent had been served with orders restraining infringement of the Second Applicant's trade marks, with notice of contempt consequences, and he admitted that he supplied CD ROMs containing electronically stored representations of those trade marks in breach of those orders. The contempt was serious and required punishment; in the absence of sufficient financial information, a $5000 fine was considered appropriate, and the applicants were entitled to solicitor and own client costs because they had incurred expense to uphold the Court's orders.

Jurisdiction
Australia
Judgment Date
19 June 2001
Procedural Posture
Contempt Proceeding Arising From Alleged Breach of Federal Court Orders Restraining Trade Mark Infringement / Hearing of Notice of Motion Seeking That the Respondent Be Found Guilty of Contempt and Punished
Outcome
The respondent was found guilty of contempt, ordered to pay a $5000 penalty, and ordered to pay the applicants' costs of the motion on a solicitor and own client basis.
Legal Topics
['breach of Injunction Restraining Trade Mark Infringement' 'registered Trade Marks No. 642678 and No. 642679' 'supply of CD Roms Containing Software With Electronically Stored Representations of Trade Marks' 'penalty for Contempt' 'solicitor and Own Client Costs']
['contempt of Court' 'trade Marks' 'intellectual Property'] ['breach of Injunction Restraining Trade Mark Infringement' 'registered Trade Marks No. 642678 and No. 642679' 'supply of CD Roms Containing Software With Electronically Stored Representations of Trade Marks' 'penalty for Contempt' 'solicitor and Own Client Costs']

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Procedural Posture

Contempt Proceeding Arising From Alleged Breach of Federal Court Orders Restraining Trade Mark Infringement / Hearing of Notice of Motion Seeking That the Respondent Be Found Guilty of Contempt and Punished

Legal Issues

  1. 1 ["Whether the respondent contravened the orders made on 8 December 1999 by offering to supply and supplying CD ROMs containing representations of the Second Applicant's registered trade marks." 'Whether the respondent should be found guilty of contempt and punished.' 'What penalty and costs order should be made for the contempt.']

Ratio Decidendi

The respondent had been served with orders restraining infringement of the Second Applicant's trade marks, with notice of contempt consequences, and he admitted that he supplied CD ROMs containing electronically stored representations of those trade marks in breach of those orders. The contempt was serious and required punishment; in the absence of sufficient financial information, a $5000 fine was considered appropriate, and the applicants were entitled to solicitor and own client costs because they had incurred expense to uphold the Court's orders.

Court Disposition

The respondent was found guilty of contempt, ordered to pay a $5000 penalty, and ordered to pay the applicants' costs of the motion on a solicitor and own client basis.

Orders

  • ["The Court declares that the Respondent is guilty of contempt in that on 17 February 2001 he infringed the Second Applicant's registered trade mark no. 642678 by, without the license of the Second Applicant, offering to supply and supplying in Australia CD ROMS containing software in which are stored electronically...