Sony Computer Entertainment Australia Pty Ltd v Warby (1999) FCA 1547

Sony Computer Entertainment Australia Pty Ltd v Warby (1999) FCA 1547

The evidence established that the second applicant was the registered proprietor of the relevant marks, that the respondent supplied in Australia CD ROMs designed for use with the second applicant's computer consoles, and that at least one CD ROM bore a mark at least substantially identical with trade mark number 642679. That supply involved use as a trade mark and established infringement, warranting declaratory and injunctive relief, delivery up and costs.

Jurisdiction
Australia
Judgment Date
03 November 1999
Procedural Posture
Application for Relief for Alleged Infringement of Registered Trade Marks / Motion for Summary Judgment; Ex Tempore Reasons for Judgment
Outcome
Summary judgment granted for the applicants; infringement declared and injunctive, delivery up and costs orders made.
Legal Topics
['registered Trade Mark Infringement' 'summary Judgment' 'injunctive Relief' 'delivery Up' 'costs']
['intellectual Property' 'trade Marks'] ['registered Trade Mark Infringement' 'summary Judgment' 'injunctive Relief' 'delivery Up' 'costs']

Case Brief

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Procedural Posture

Application for Relief for Alleged Infringement of Registered Trade Marks / Motion for Summary Judgment; Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ["Whether the respondent infringed the second applicant's registered trade mark number 642679 by supplying in Australia CD ROMs for use with the second applicant's computer consoles bearing a mark at least substantially identical with the registered mark." "Whether declaratory and injunctive relief, delivery up and costs should be ordered on the applicants' motion for summary judgment."]

Ratio Decidendi

The evidence established that the second applicant was the registered proprietor of the relevant marks, that the respondent supplied in Australia CD ROMs designed for use with the second applicant's computer consoles, and that at least one CD ROM bore a mark at least substantially identical with trade mark number 642679. That supply involved use as a trade mark and established infringement, warranting declaratory and injunctive relief, delivery up and costs.

Court Disposition

Summary judgment granted for the applicants; infringement declared and injunctive, delivery up and costs orders made.

Orders

  • ["Declares that the respondent has infringed the second applicant's trade mark number 642679." 'Orders that the respondent, whether by himself, his servants or agents or otherwise, be restrained from infringing the second applicant\'s registered trade mark number 642679 consisting of the mark "P.S." by supplying or...