Sony Computer Entertainment Australia Pty Ltd v Kasmara [2003] FCA 1496

Sony Computer Entertainment Australia Pty Ltd v Kasmara [2003] FCA 1496

The respondents knowingly engaged in importing and selling counterfeit PlayStation games bearing marks substantially identical to or deceptively similar to the applicants' registered trademarks, constituting infringement. The applicants were entitled to declaratory and injunctive relief, delivery up of infringing goods, an account of profits, and indemnity costs.

Jurisdiction
Australia
Judgment Date
11 December 2003
Procedural Posture
Civil / Final Judgment After Hearing, Default of Appearance by Respondents
Outcome
Applicants succeeded; declaratory, injunctive, delivery up, account of profits, and costs orders made.
Legal Topics
['trademark Infringement' 'injunctive Relief' 'account of Profits' 'costs' 'counterfeit Goods' 'anton Piller Orders']
['intellectual Property' 'trademarks'] ['trademark Infringement' 'injunctive Relief' 'account of Profits' 'costs' 'counterfeit Goods' 'anton Piller Orders']

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Procedural Posture

Civil / Final Judgment After Hearing, Default of Appearance by Respondents

Legal Issues

  1. 1 ["Whether the respondents infringed the applicants' registered trademarks for PlayStation, PS, and PS2" 'Whether injunctive, declaratory, and delivery up orders should be made against the respondents' 'Whether an account of profits and costs should be awarded']

Ratio Decidendi

The respondents knowingly engaged in importing and selling counterfeit PlayStation games bearing marks substantially identical to or deceptively similar to the applicants' registered trademarks, constituting infringement. The applicants were entitled to declaratory and injunctive relief, delivery up of infringing goods, an account of profits, and indemnity costs.

Court Disposition

Applicants succeeded; declaratory, injunctive, delivery up, account of profits, and costs orders made.

Orders

  • ['Each respondent infringed Trade Mark No. 642678 (PlayStation), 642679 (PS), and 800713 (PS2).' 'Each respondent restrained from further infringements of said trademarks by specified conduct.' "Each respondent to deliver up specified infringing items for destruction or disposal at applicants' discretion."...