Sony Computer Entertainment Australia Pty Limited v Yansen [2002] FCA 1000

FEDERAL COURT OF AUSTRALIA

Sony Computer Entertainment Australia Pty Limited v Yansen [2002] FCA 1000

TRADE MARKS – sale and importation of unauthorised copies of computer games – whether infringement of trade marks – Trade Marks Act 1995 (Cth) Trade Marks Act 1995 (Cth) s 8, 120, 120(1),131, 132, 133, 133(2), 134, 131(1), 137(3) Customs Act 1901 (Cth) s 68 Federal Court Rules O 7 r 9, O 32 r 2 SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LIMITED & ANOR v THEODORE YANSEN N 1486 OF 2001 HELY J 30 JULY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1486 OF 200

BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LIMITED

FIRST APPLICANT

KABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT

SECOND APPLICANT

AND: THEODORE YANSEN

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 30 JULY 2002

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. THE COURT ORDERS THAT:

1. In the absence of the respondent, the trial proceed generally;

2. the Respondent, whether by himself, his servants or agents or otherwise, be restrained from infringing the second applicant's Registered Trade Mark No. 642678 (the PlayStation Trade 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 Trade Mark or any mark substantially identical with or deceptively similar to the PlayStation Trade Mark or in relation to which any mark substantially identical with or deceptively similar to the PlayStation Trade Mark is otherwise used;