Kabushiki Kaisha Sony Computer Entertainment v Stevens [2002] FCA 906

Kabushiki Kaisha Sony Computer Entertainment v Stevens [2002] FCA 906

Trade mark infringement was established because Mr Stevens sold unauthorised copies of PlayStation games that electronically reproduced Sony's registered marks. The claim under the Fair Trading Act failed as the evidence did not support a representation suggesting sponsorship or affiliation. The claim under s 116A of the Copyright Act failed because the access code and Boot ROM were not technological protection measures as defined; they were not designed, in their ordinary operation, to inhibit copyright infringement, and RAM storage of program code is not reproduction in a material form under Australian law.

Parties
First Applicant: Kabushiki Kaisha Sony Computer Entertainment; Second Applicant: Sony Computer Entertainment Europe Limited; Third Applicant: Sony Computer Entertainment Australia Pty Ltd; Respondent: Eddy Stevens
Jurisdiction
Australia
Judgment Date
26 July 2002
Procedural Posture
Civil / Liability Hearing
Outcome
Trade mark infringement claim succeeds; Fair Trading Act and Copyright Act claims fail.
Legal Topics
Trade Mark Infringement, Technological Protection Measures, Circumvention Devices, RAM Reproduction, Misleading and Deceptive Conduct
Intellectual Property Trade Marks Copyright Fair Trading Trade Mark Infringement Technological Protection Measures Circumvention Devices RAM Reproduction +1 more

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Parties

Kabushiki Kaisha Sony Computer Entertainment

First Applicant

Sony Computer Entertainment Europe Limited

Second Applicant

Sony Computer Entertainment Australia Pty Ltd

Third Applicant

Eddy Stevens

Respondent

Procedural Posture

Civil / Liability Hearing

Legal Issues

  1. 1 Whether sale of unauthorised copies of PlayStation games constitutes trade mark infringement
  2. 2 Whether representations by respondent implied sponsorship or affiliation under the Fair Trading Act
  3. 3 Whether the access code and Boot ROM in PlayStation consoles are technological protection measures under s 10(1) of the Copyright Act

Ratio Decidendi

Trade mark infringement was established because Mr Stevens sold unauthorised copies of PlayStation games that electronically reproduced Sony's registered marks. The claim under the Fair Trading Act failed as the evidence did not support a representation suggesting sponsorship or affiliation. The claim under s 116A of the Copyright Act failed because the access code and Boot ROM were not technological protection measures as defined; they were not designed, in their ordinary operation, to inhibit copyright infringement, and RAM storage of program code is not reproduction in a material form under Australian law.

Court Disposition

Trade mark infringement claim succeeds; Fair Trading Act and Copyright Act claims fail.

Orders

  • Matter listed for further directions on 9 August 2002 at 9.30 am.