Sony v Reilly [1999] FCA 1694

Sony v Reilly [1999] FCA 1694

The respondent has infringed the applicants' registered trade marks and breached undertakings. Evidence establishes liability; injunction and ancillary relief are granted. The respondent's absence does not bar judgment where proper notice and opportunity to be heard were afforded.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 October 1999
Procedural Posture
Trade Mark Infringement / Liability Judgment and Injunctive Relief Granted
Outcome
Judgment for the applicants. Declarations of infringement and breach; injunctive relief and ancillary orders granted.
Legal Topics
['trade Marks' 'infringement' 'injunctions']
['intellectual Property'] ['trade Marks' 'infringement' 'injunctions']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Trade Mark Infringement / Liability Judgment and Injunctive Relief Granted

Legal Issues

  1. 1 ['Whether the respondent infringed registered trademarks Nos. 642678 and 642679' 'Whether the respondent breached undertakings to the applicant']

Ratio Decidendi

The respondent has infringed the applicants' registered trade marks and breached undertakings. Evidence establishes liability; injunction and ancillary relief are granted. The respondent's absence does not bar judgment where proper notice and opportunity to be heard were afforded.

Court Disposition

Judgment for the applicants. Declarations of infringement and breach; injunctive relief and ancillary orders granted.

Orders

  • ['Trial to proceed generally in absence of respondent.' 'Liability determined before damages.' "Declarations of infringement for Trade Mark Nos. 642678 ('PlayStation') and 642679 ('PS')." 'Declaration of breach of undertakings dated 7 May 1999.' 'Injunction restraining respondent from further infringement of both...