Sony Computer Entertainment Australia Pty Ltd v Warby (1999) FCA 1547

FEDERAL COURT OF AUSTRALIA

Sony Computer Entertainment Australia Pty Ltd v Warby

[1999] FCA 1547

SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD AND KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT v DEREK WARBY

N 629 OF 1999 LEHANE J 3 NOVEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 629 OF 1999

BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA

PTY LTD

(ACN 077 583 183)

First Applicant

KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT

Second Applicant

AND: DEREK WARBY

Respondent

JUDGE: LEHANE J

DATE OF ORDER: 3 NOVEMBER 1999

WHERE MADE: SYDNEY

THE COURT: 1. Declares that the respondent has infringed the second applicant's trade mark number 642679. 2. Orders that the respondent, whether by himself, his servants or agents or otherwise, be restrained from infringing the second applicant's registered trade mark number 642679 consisting of the mark "P.S." (the P.S. mark) by: (a) without the licence of the second applicant supplying or offering to supply in Australia any computer game player or any software including any CD ROM or packaging containing any such software which bears, or to which is otherwise applied, any representation of the P.S. mark or any mark substantially identical with or deceptively similar to the P.S. mark or in relation to which any mark substantially identical with or deceptively similar to the P.S. mark is otherwise used; and (b) without the licence of the second applicant procuring or inducing any other person to do any of the acts specified in subparagraph (a). 3. Further orders that: (a) the respondent deliver up to the applicant's solicitors, Allen Allen & Hemsley, within 28 days after service on him of a copy of this order, any software, including any CD ROM or packaging containing any such software, which bears or to which is otherwise applied any representation of the P.S. mark or any mark substantially identical or deceptively similar to the P.S. mark; and (b) the respondent pay the applicants' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.