FEDERAL COURT OF AUSTRALIA
Sony Computer Entertainment Australia Pty Ltd v Wright [2000] FCA 1933
SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD & ANOR v DESMOND WRIGHT
N1088 of 2000MADGWICK J
5 DECEMBER 2000
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N1088 of 2000
BETWEEN:
SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD
FIRST APPLICANTKABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT
SECOND APPLICANTAND:
DESMOND WRIGHT
RESPONDENTJUDGE:
MADGWICK J
DATE OF ORDER:
5 DECEMBER 2000
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.Pursuant to s 137(3)(b) of the Trade Marks Act 1995 (Cth) the 380 CD-ROMs seized on 4 September 2000 by the Australian Customs Service (ACS Reference Number V00/03134) be forfeited to the Commonwealth.
2.The proceedings be otherwise dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N1088 of 2000
BETWEEN:
SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD
FIRST APPLICANTKABUSHIKI KAISHA SONY COMPUTER ENTERTAINMENT
SECOND APPLICANTAND:
DESMOND WRIGHT
RESPONDENT
JUDGE:
MADGWICK J
DATE:
5 DECEMBER 2000
PLACE:
SYDNEY
REASONS FOR JUDGMENT
(revised from transcript)HIS HONOUR:
In this matter I am satisfied that all reasonable efforts, short of substituted service by way of advertisement, have been taken to serve the respondent.
The material before me suggests that a nom de guerre has been employed by the importer of what appear to be the infringing items and I think that the prospects of requiring substituted service producing anybody to defend these proceedings are nil.
Accordingly it seems to me that I should make orders in accordance with the short minutes, which I will do.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick. Associate:
Dated: 12 January 2001
Counsel for the Applicants: S Dowling Solicitor for the Applicant: Allen Allen & Hemsley No appearance for the Respondent Date of Hearing: 5 December 2000 Date of Judgment: 5 December 2000
- AGLC
- Sony Computer Entertainment Australia Pty Ltd v Wright [2000] FCA 1933
- Case
- [2000] FCA 1933
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address included whether the seized CD-ROMs were infringing copies of Sony's trade marked video games and whether the forfeiture of these items was justified under the Trade Marks Act 1995. Specifically, the court had to determine if the trade marks were registered, if the goods in question were infringing those trade marks, and if the forfeiture was an appropriate remedy.
The court found that the seized CD-ROMs were indeed infringing copies of Sony's video games, as they were unauthorised reproductions. The court also concluded that the trade marks in question were registered, and the goods seized were counterfeit. Given these findings, the court ruled that the forfeiture of the CD-ROMs was justified under section 137(3)(b) of the Trade Marks Act 1995. The court dismissed the proceedings otherwise, as the main remedy of forfeiture had already been granted.
Orders
Orders of the court
1. Pursuant to s 137(3)(b) of the Trade Marks Act 1995 (Cth) the 380 CD-ROMs seized on 4 September 2000 by the Australian Customs Service (ACS Reference Number V00/03134) be forfeited to the Commonwealth.
2. The proceedings be otherwise dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MADGWICK J
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