Sony Computer Entertainment Australia Pty Ltd v Johnston [2001] FCA 912

FEDERAL COURT OF AUSTRALIA

Sony Computer Entertainment Australia Pty Ltd v Johnston [2001] FCA 912 SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD & ANOR v CHAS JOHNSTON N 811 OF 1999 EMMETT J 19 JUNE 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 811 OF 1999

BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD (ACN 077 583 183)

FIRST APPLICANT

KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT

SECOND APPLICANT

AND: CHAS JOHNSTON

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 19 JUNE 2001

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. The Respondent is guilty of contempt in that: (1) On 17 February 2001, the Respondent infringed the Second Applicant's registered trade mark no. 642678 (the PlayStation Trade Mark) by, without the license of the Second Applicant, offering to supply and supplying in Australia CD ROMS containing software in which are stored electronically a representation of marks that are substantially identical with the PlayStation Trade Mark. (2) On 17 February 2001, the Respondent infringed the Second Applicant's registered trade mark no. 642679 (the PS Trade Mark) by, without the license of the Second Applicant, offering to supply and supplying in Australia CD ROMS containing software in which are stored electronically a representation of marks that are substantially identical with the PS trade Mark.

THE COURT ORDERS THAT:

2. The respondent pay the sum of $5000 by way of penalty for that contempt. 3. The respondent pay the applicants' costs of the motion filed on 6 April 2000 on a solicitor and own client basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA