Sony Computer Entertainment Aust Pty Ltd v Jakopcevic [2001] FCA 1520

FEDERAL COURT OF AUSTRALIA

Sony Computer Entertainment Aust Pty Ltd v Jakopcevic [2001] FCA 1520

SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LIMITED (ACN 077 583 183) & ANOR v BARRY JAKOPCEVIC & ORS N 113 OF 2001 LINDGREN J 24 OCTOBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 113 OF 2001

BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA

PTY LIMITED (ACN 077 583 183)

FIRST APPLICANT

KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT

SECOND APPLICANT

AND: BARRY JAKOPCEVIC

FIRST RESPONDENT

DOMINIQUE JAKOPCEVIC

SECOND RESPONDENT

CHRISTIAN FABRE

THIRD RESPONDENT

ANTHONY "FRANK" GUTHRIE

FOURTH RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 24 OCTOBER 2001

WHERE MADE: SYDNEY

[In these orders "the Sony Trade Marks" means the second applicant's registered Trade Marks No 642678 (the word mark "PlayStation") and No 642679 (a device mark comprising a stylised representation of a vertical letter "P" and a horizontal letter "S" intertwined).] THE COURT DECLARES THAT:

1. The first and second respondents have, and each of them has, infringed the Sony Trade Marks and each of them by offering to sell and selling without the licence of the second applicant, to an agent of the first applicant:

(i) on 4 June 2000;

(ii) on 20 October 2000;

(iii) on 26 October 2000;

(iv) on 15 November 2000;

(v) on 3 January 2001; and

(vi) on 5 February 2001

CD-ROMs containing software:

(a) in which were stored electronically representations of marks; and

(b) by reference to marks

that are substantially identical to the Sony Trade Marks.

2. The fourth respondent has infringed the Sony Trade Marks by offering to sell and selling without the licence of the second applicant, to an agent of the first applicant: (i) on 20 October 2000; (ii) on 26 October 2000; (iii) on 15 November 2000; (iv) on 3 January 2001; and (v) on 5 February 2001