Sony Computer Entertainment Australia Pty Ltd v Wright [2000] FCA 1933

Sony Computer Entertainment Australia Pty Ltd v Wright [2000] FCA 1933

Because all reasonable efforts short of substituted service by advertisement had been taken to serve the respondent, and the material suggested a nom de guerre was used by the importer so that substituted service had no prospect of producing anyone to defend the proceedings, the Court made the orders sought, including forfeiture of the seized CD-ROMs to the Commonwealth.

Jurisdiction
Australia
Judgment Date
05 December 2000
Procedural Posture
Application for Forfeiture of Seized CD Roms Under S 137(3)(b) of the Trade Marks Act 1995 (cth) / Final Orders and Reasons for Judgment
Outcome
The 380 CD-ROMs seized on 4 September 2000 were forfeited to the Commonwealth and the proceedings were otherwise dismissed.
Legal Topics
['forfeiture of Seized Goods' 'alleged Infringing Items' 'service of Proceedings' 'substituted Service']
['trade Marks' 'intellectual Property'] ['forfeiture of Seized Goods' 'alleged Infringing Items' 'service of Proceedings' 'substituted Service']

Case Brief

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Procedural Posture

Application for Forfeiture of Seized CD Roms Under S 137(3)(b) of the Trade Marks Act 1995 (cth) / Final Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether the 380 CD-ROMs seized by the Australian Customs Service should be forfeited to the Commonwealth under s 137(3)(b) of the Trade Marks Act 1995 (Cth).' 'Whether sufficient efforts had been made to serve the respondent without substituted service by advertisement.']

Ratio Decidendi

Because all reasonable efforts short of substituted service by advertisement had been taken to serve the respondent, and the material suggested a nom de guerre was used by the importer so that substituted service had no prospect of producing anyone to defend the proceedings, the Court made the orders sought, including forfeiture of the seized CD-ROMs to the Commonwealth.

Court Disposition

The 380 CD-ROMs seized on 4 September 2000 were forfeited to the Commonwealth and the proceedings were otherwise dismissed.

Orders

  • ['Pursuant to s 137(3)(b) of the Trade Marks Act 1995 (Cth) the 380 CD-ROMs seized on 4 September 2000 by the Australian Customs Service (ACS Reference Number V00/03134) be forfeited to the Commonwealth.' 'The proceedings be otherwise dismissed.']