Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sony Computer Entertainment Australia Pty Ltd v Ketsalee [2001] FCA 1697 TRADE MARKS – infringement – where goods seized by Australian Customs Service – where seized goods infringe first applicant's registered trade marks – where applicants seek order under s 137 of Trade Marks Act 1995 – appropriate form of order Trade Marks Act 1995 (Cth) ss 135, 137 Sony Computer Entertainment Australia Pty Ltd v Angrainni (2000) 48 IPR 49 cited SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD v PERMSAK "DEAN" KETSALEE N 1487 OF 2001 EMMETT J 23 NOVEMBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1487 OF 2001
BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD (ACN 077 583 183)
FIRST APPLICANT
KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT
SECOND APPLICANT
AND: PERMSAK "DEAN" KETSALEE
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 23 NOVEMBER 2001
WHERE MADE: SYDNEY
UPON THE APPLICANTS GIVING THE USUAL UNDERTAKING AS TO DAMAGES THE COURT ORDERS THAT: Until further order, the Chief Executive Officer of Customs be restrained from releasing to the designated owner, being the respondent, the 69 CD ROMs which use the second applicant's registered trade marks numbers 642678 and 642679 and which were received by the Australian Customs Service on 5 October 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1487 OF 2001
BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD (ACN 077 583 183)
FIRST APPLICANT
KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT
SECOND APPLICANT
AND: PERMSAK "DEAN" KETSALEE
RESPONDENT
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