Sony Computer Entertainment Australia Pty Limited v Yansen [2002] FCA 1000

Sony Computer Entertainment Australia Pty Limited v Yansen [2002] FCA 1000

The respondent's sale and importation of unauthorised CD-ROMs containing software for use with computer game players used, in relation to goods for which the marks were registered, signs substantially identical with or deceptively similar to Registered Trade Mark Nos 642678 and 642679. This constituted infringement under s 120(1) of the Trade Marks Act 1995 (Cth), warranting declarations, injunctive relief, forfeiture of the seized goods and costs.

Jurisdiction
Australia
Judgment Date
30 July 2002
Procedural Posture
Trade Mark Infringement Proceeding / Trial Proceeded Generally in the Absence of the Respondent Under O 32 R 2 of the Federal Court Rules
Outcome
Declarations of trade mark infringement made; injunctions granted; seized CD-ROMs forfeited to the Commonwealth; respondent ordered to pay the applicants' costs.
Legal Topics
['infringement of Registered Trade Marks' 'importation and Sale of Unauthorised CD ROM Computer Games' 'seizure and Forfeiture of Imported Goods' 'substituted Service' 'trial in Absence of Respondent']
['intellectual Property' 'trade Marks' 'customs and Importation'] ['infringement of Registered Trade Marks' 'importation and Sale of Unauthorised CD ROM Computer Games' 'seizure and Forfeiture of Imported Goods' 'substituted Service' 'trial in Absence of Respondent']

Case Brief

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Procedural Posture

Trade Mark Infringement Proceeding / Trial Proceeded Generally in the Absence of the Respondent Under O 32 R 2 of the Federal Court Rules

Legal Issues

  1. 1 ['Whether the respondent infringed Registered Trade Mark No 642678 and Registered Trade Mark No 642679 by selling and importing CD-ROMs containing software for use with computer game players bearing or electronically storing representations of those marks or substantially identical or deceptively similar marks.' 'Whether the imported 74 CD-ROMs seized by the Australian Customs Service should be forfeited to the Commonwealth.' "Whether the trial should proceed generally in the respondent's absence."]

Ratio Decidendi

The respondent's sale and importation of unauthorised CD-ROMs containing software for use with computer game players used, in relation to goods for which the marks were registered, signs substantially identical with or deceptively similar to Registered Trade Mark Nos 642678 and 642679. This constituted infringement under s 120(1) of the Trade Marks Act 1995 (Cth), warranting declarations, injunctive relief, forfeiture of the seized goods and costs.

Court Disposition

Declarations of trade mark infringement made; injunctions granted; seized CD-ROMs forfeited to the Commonwealth; respondent ordered to pay the applicants' costs.

Orders

  • ['In the absence of the respondent, the trial proceed generally.' "The respondent be restrained from infringing the second applicant's Registered Trade Mark No. 642678 (the PlayStation Trade Mark) by importing, keeping for sale, supplying or offering to supply relevant goods without the licence of the second...