Sony Computer Entertainment Australia Pty Ltd v Ketsalee [2001] FCA 1697

Sony Computer Entertainment Australia Pty Ltd v Ketsalee [2001] FCA 1697

The applicants are entitled to an order restraining Customs from releasing the seized goods to the respondent under s 137(3) because the goods infringe the second applicant's registered trade marks and an appropriate notice and application have been made.

Jurisdiction
Australia
Judgment Date
23 November 2001
Procedural Posture
Interlocutory Application / Ex Parte Hearing
Outcome
interlocutory injunction granted
Legal Topics
['trade Marks' 'infringement' 'customs Seizure']
['intellectual Property'] ['trade Marks' 'infringement' 'customs Seizure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Ex Parte Hearing

Legal Issues

  1. 1 ['Whether an order should be made under s 137 of the Trade Marks Act restraining release of seized goods infringing trade marks']

Ratio Decidendi

The applicants are entitled to an order restraining Customs from releasing the seized goods to the respondent under s 137(3) because the goods infringe the second applicant's registered trade marks and an appropriate notice and application have been made.

Court Disposition

interlocutory injunction granted

Orders

  • ['Chief Executive Officer of Customs is restrained from releasing to the respondent the 69 CD ROMs which use registered trade marks numbers 642678 and 642679 and which were received by the Australian Customs Service on 5 October 2001, until further order.']