Sony Corporation v Costaneo [2012] FCA 153

FEDERAL COURT OF AUSTRALIA

Sony Corporation v Costaneo [2012] FCA 153 Citation: Sony Corporation v Costaneo [2012] FCA 153

Parties: SONY CORPORATION v ALESSANDRO COSTANEO (ALSO KNOWN AS ALEX CONSTANO OR ALESSANDRO CONSTANTO)

File number(s): NSD 1724 of 2011

Judge: YATES J

Date of judgment: 27 February 2012

Catchwords: TRADE MARKS – infringement – seizure of goods and forfeiture to the Commonwealth pursuant to s 137 of the Trade Marks Act 1995 (Cth) – default judgment

Legislation: Trade Marks Act 1995 (Cth) ss 133, 134, 137 Federal Court Rules 2011 rr 5.02, 5.22, 5.23, 10.24, 11.06, 16.07, 16.32

Date of hearing: 27 February 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 20

Solicitor for the Applicant: Mr P Kerr of Allens Arthur Robinson

Counsel for the Respondent: The respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1724 of 2011

BETWEEN: SONY CORPORATION

Applicant

AND: ALESSANDRO COSTANEO (ALSO KNOWN AS ALEX CONSTANO OR ALESSANDRO CONSTANTO)

Respondent

JUDGE: YATES J DATE OF ORDER: 27 FEBRUARY 2012 WHERE MADE: SYDNEY

THE COURT:

1. Orders that default judgment be given against the respondent pursuant to r 5.23(2)(c) of the Federal Court Rules 2011. 2. Declares that the respondent has infringed the applicant's registered trade mark no. 355450. 3. Declares that the respondent has infringed the applicant's registered trade mark no. 355451. 4. Declares that the respondent has infringed the applicant's registered trade mark no. 767856. 5. Declares that the respondent has infringed the applicant's registered trade mark no. 767857. 6. Orders that the respondent, whether by himself, his servants or agents or otherwise, be restrained from infringing the applicant's registered trade mark no. 355450. 7. Orders that the respondent, whether by himself, his servants or agents or otherwise, be restrained from infringing the applicant's registered trade mark no. 355451. 8. Orders that the respondent, whether by himself, his servants or agents or otherwise, be restrained from infringing the applicant's registered trade mark no. 767856. 9. Orders that the respondent, whether by himself, his servants or agents or otherwise, be restrained from infringing the applicant's registered trade mark no. 767857. 10. Orders that those of the 120 User Manuals, 101 Notebook Style Computer – Soft Covers, 238 Stickers, 1 Roll of Serial Numbers and Bar Code Stickers, 99 Cardboard Packaging Boxes for Computers and 210 Stick on badges which were imported by the respondent and seized by the Australian Customs Service on 24 August 2011 and which bear any of the words or trade marks SONY or VAIO, be forfeited to the Commonwealth. 11. The respondent pay the applicant's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.