Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sony Computer Entertainment Australia Pty Ltd v Saleh [2001] FCA 717
TRADE MARKS – infringement – importation into Australia of goods bearing marks substantially identical to registered trade marks where affixation of marks and importation not authorised by owner of registered marks – whether importation constituted infringement Trade Marks Act 1995 (Cth) ss 120, 131, 133 Pioneer Kabushiki Kaisha v Registrar of Trade Marks (1977) 137 CLR 670 referred to SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LIMITED (ACN 077 583 183) & ANOR v NABIL SALEH N 72 of 2001 LINDGREN J 14 JUNE 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 72 of 2001
BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LIMITED (ACN 077 583 183)
FIRST APPLICANT
KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT
SECOND APPLICANT AND: NABIL SALEH
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 14 JUNE 2001
WHERE MADE: SYDNEY
THE COURT DECLARES THAT: 1. The Respondent has infringed the Second Applicant's registered Trade Mark No. 642678. 2. The Respondent has infringed the Second Applicant's registered Trade Mark No. 642679. 3. The Respondent has breached the undertakings given to the First Applicant on or about 10 March 2000.
THE COURT ORDERS THAT: 4. 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". 5. The Respondent, whether by himself, his servants or agents or otherwise, be restrained from infringing the Second Applicant's registered Trade Mark No. 642679 consisting of the mark "PS". 6. The 79 CD-ROMs which use the PlayStation and PS marks and which were imported by the Respondent and seized by the Australian Customs Service on 19 December 2000 be forfeited to the Commonwealth. 7. The Respondent pay the Applicants' costs of the proceeding on a party and party basis. 8. The provisions of Order 62 rule 36A of the Federal Court Rules do not apply.
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