Sony Computer Entertainment Australia Pty Ltd v Hinson [2000] FCA 1290

Sony Computer Entertainment Australia Pty Ltd v Hinson [2000] FCA 1290

The respondent was aware of the proceedings and had been served, so the Court could proceed in his absence. The evidence established that the seized imported CD-ROMs were imported without the second applicant's authority and bore the registered marks or substantially identical marks, and that the respondent sold a CD-ROM in packaging bearing substantially identical signs in relation to registered goods without authority. The respondent therefore infringed the marks, the seized goods should be forfeited to the Commonwealth, and ancillary relief including injunctions, delivery up, discovery in aid of pecuniary relief and costs was appropriate, subject to the first applicant not having...

Jurisdiction
Australia
Judgment Date
05 September 2000
Procedural Posture
Trade Mark Infringement Proceeding / Hearing in Absence of Respondent for Final Orders on Liability and Related Procedural Relief, With Pecuniary Relief Outstanding
Outcome
Relief granted to the applicants on liability and ancillary issues, except that pecuniary relief remained outstanding and the matter was listed for directions.
Legal Topics
['trade Mark Infringement' 'counterfeit Play Station CD Roms' 'customs Seizure of Infringing Goods' 'forfeiture to the Commonwealth' 'discovery in Aid of Pecuniary Relief' 'default or Absence of Respondent']
['intellectual Property' 'trade Marks' 'civil Procedure'] ['trade Mark Infringement' 'counterfeit Play Station CD Roms' 'customs Seizure of Infringing Goods' 'forfeiture to the Commonwealth' 'discovery in Aid of Pecuniary Relief' 'default or Absence of Respondent']

Case Brief

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Procedural Posture

Trade Mark Infringement Proceeding / Hearing in Absence of Respondent for Final Orders on Liability and Related Procedural Relief, With Pecuniary Relief Outstanding

Legal Issues

  1. 1 ['Whether the respondent had been properly served and the Court could proceed in his absence.' 'Whether the imported CD-ROMs seized by the Customs CEO infringed registered trade marks numbers 642679 and 642678.' 'Whether the respondent infringed the registered trade marks by selling a CD-ROM in packaging bearing substantially identical signs.' 'Whether the seized goods should be forfeited to the Commonwealth under s 137(3)(b) of the Trade Marks Act 1995 (Cth).' 'Whether delivery up, discovery by affidavit in aid of pecuniary relief, and costs should be ordered.' 'Whether the first applicant had proved it was an authorised user of the marks as defined in s 8 of the Trade Marks Act 1995 (Cth).']

Ratio Decidendi

The respondent was aware of the proceedings and had been served, so the Court could proceed in his absence. The evidence established that the seized imported CD-ROMs were imported without the second applicant's authority and bore the registered marks or substantially identical marks, and that the respondent sold a CD-ROM in packaging bearing substantially identical signs in relation to registered goods without authority. The respondent therefore infringed the marks, the seized goods should be forfeited to the Commonwealth, and ancillary relief including injunctions, delivery up, discovery in aid of pecuniary relief and costs was appropriate, subject to the first applicant not having...

Court Disposition

Relief granted to the applicants on liability and ancillary issues, except that pecuniary relief remained outstanding and the matter was listed for directions.

Orders

  • ['The applicants be granted the relief sought in paragraphs 1, 2 as amended by substituting for "damages" the words "pecuniary relief", 3, 4, 6, 7, 8, 9, 10, 12 and 13 of the short minutes of order annexed to the report of the hearing on 5 September 2000.' 'The matter be listed for directions in relation to...