Sony Computer Entertainment Australia Pty Ltd v Busselmann [2000] FCA 805

Sony Computer Entertainment Australia Pty Ltd v Busselmann [2000] FCA 805

The second applicant is the registered proprietor of Trade Marks Nos 642678 and 642679, and the respondent, without licence or consent, used substantially identical signs, thereby infringing the marks; judgment and remedies are appropriate given the respondent's failure to defend.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 June 2000
Procedural Posture
Intellectual Property/trade Mark Infringement / Judgment in Default of Defence; Orders Made
Outcome
Judgment in favour of the second applicant; declaratory and injunctive relief granted; ancillary orders made; costs ordered; account of profits and damages reserved.
Legal Topics
['trade Mark Infringement' 'default Judgment' 'summary Judgment' 'remedies' 'discovery']
['intellectual Property' 'trade Marks'] ['trade Mark Infringement' 'default Judgment' 'summary Judgment' 'remedies' 'discovery']

Source-derived case record

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Procedural Posture

Intellectual Property/trade Mark Infringement / Judgment in Default of Defence; Orders Made

Legal Issues

  1. 1 ['Whether the respondent infringed the registered trade marks of the second applicant' 'Whether the applicants are entitled to judgment in default of a defence or summary judgment' 'Appropriate remedies for trade mark infringement']

Ratio Decidendi

The second applicant is the registered proprietor of Trade Marks Nos 642678 and 642679, and the respondent, without licence or consent, used substantially identical signs, thereby infringing the marks; judgment and remedies are appropriate given the respondent's failure to defend.

Court Disposition

Judgment in favour of the second applicant; declaratory and injunctive relief granted; ancillary orders made; costs ordered; account of profits and damages reserved.

Orders

  • ['Judgment entered in favour of the second applicant on the statement of claim.' 'Declaration of infringement of Trade Marks Nos 642678 and 642679.' 'Respondent restrained from infringing Trade Mark No 642678 (PlayStation mark) by importation, supply, or inducement without licence.' 'Respondent restrained from...