Sony v Reilly [1999] FCA 1694

FEDERAL COURT OF AUSTRALIA

Sony v Reilly [1999] FCA 1694 TRADE MARKS – no question of principle SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD & ANOR v MALCOLM REILLY N 490 of 1999

MADGWICK J 27 OCTOBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 490 OF 1999

BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD

Applicant

AND: MALCOLM REILLY

Respondent

JUDGE: MADGWICK J

DATE OF ORDER: 27 OCTOBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. In the absence of the Respondent, the trial proceed generally. 2. The hearing and determination of liability take place before the hearing on all issues of damages.

THE COURT DECLARES THAT: 3. The Respondent has infringed the Second Applicant's registered Trade Mark No. 642678. 4. The Respondent has infringed the Second Applicant's registered Trade Mark No. 642679. 5. The Respondent has breached the undertakings given to the First Applicant dated 7 May 1999.

THE COURT ORDERS THAT:

6. The Respondent, whether by himself, his servants or agents or otherwise, be restrained from infringing the Second Applicant's registered Trade Mark No. 642678 consisting of the mark "PlayStation" (the PlayStation mark) by: (a) without the licence of the Second Applicant, importing into Australia for sale or for use for the purpose of any trade or business or keeping for sale any computer game player or any software, including any CD-ROM or packaging containing any such software, which bears or in which is stored electronically any representation of the PlayStation mark or any mark substantially identical with or deceptively similar to the PlayStation mark or in relation to which any mark substantially identical with or deceptively similar to the PlayStation mark is otherwise used; (b) 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 in which is stored electronically any representation of the PlayStation mark or any mark substantially identical with or deceptively similar to the PlayStation mark or in relation to which any mark substantially identical with or deceptively similar to the PlayStation mark is otherwise used; (c) without the licence of the Second Applicant, procuring or inducing any other person to do any of the acts specified in subparagraphs 6(a) or 6(b).