Intellectual Property - Copyright Infringement - Trade Mark Infringement
One of Sony's products was the latest version of its highly successful family of computer game systems marketed under the name 'PlayStation' which the second claimant marketed and sold in over 100 countries, including countries within the European Economic Area ("EEA"). In respect of those computer game systems Sony owned:
§ Five Community trade marks;
§ One UK registered trade mark (those registrations included the word 'PlayStation');
§ Two registered designs (those being a UK registered design and a Community registered design); and
§ Several copyright works (including the computer program, the menu icons, the surface design of the box and the user manual).
The defendant was a company incorporated in Hong Kong which operated a website, www.lik-sang.com. The website had been set up to offer for sale a variety of commercial video games, consoles and accessories for playing music, video games and such items. The defendant also marketed and offered for sale from its website portable consoles (PSP consoles) and related games, movies and accessories.
The PSP consoles so offered were genuine products made by Sony for sale within the Japanese market only. The claimants' case was that by targeting customers in the EEA, in particular, the UK, the defendant had infringed Sony's intellectual property rights associated with the PSP consoles. They also submitted that the intellectual property rights in the items associated with the PSP (such as the packaging) had also been infringed. They sought appropriate injunctions, delivery up, disclosure of names, and an enquiry as to damages, or in the alternative, an account of profits and costs.
Following an unsuccessful application by the defendant for the court to decline to exercise its jurisdiction, the action continued undefended. The issues to be considered before the court were:
§ Whether the claimants had consented to have the relevant products sold in the EEA; and
§ Whether by offering the goods for sale on its website, the defendant had fallen within any of the acts which gave rise to infringement under the relevant statute.
The application was allowed. The acts complained of had been perpetrated not in Hong Kong, but in the EEA, and without Sony's consent. Were these acts, complained of, committed physically within the EEA they would have been infringing acts. The electronic intermediary of a website which focussed at least in part on the EEA could not make them any less so. The claimants were therefore entitled to the reliefs sought.
If you require further information contact us at enquiries@rtcoopers.com
Related Tags: ip, intellectual property, infringement, copyright lawyers, copyright solicitors, registered designs
Intellectual property law firm advising on patents, Patent attorneys, Patent Lawyers, Copyright, designs, Copyright law, know-how, Patent Licensing, Patent Infringement, trade marks, trademarks, trademark searches, trademark infringement, Intellectual Property Law, IP lawyers, IP solicitors, copyright lawyers, IP lawyers, IP law Firm, IP valuations IP solicitors freedom to operate copyright lawyers, patent solicitors, branding, intellectual property lawyers, intellectual property solicitors, IP law firm, solicitors in Docklands, solicitors in Wapping, pharmaceutical lawyers, regulatory lawyers, regulatory solicitors, pharmaceutical solicitors Visit www.rtcoopersiplaw.com
© RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Your Article Search Directory : Find in ArticlesRecent articles in this category:
- A Los Angeles and Palm Springs California Modeling Lawyer Looks at Modeling Contracts and Advises How Models Can Protect Themselves
Models from Los Angeles to New York have a number of common questions when they first enter the mod - Palm Springs, Newport Beach and Malibu California Publicity and Privacy Rights Lawyer on the Right to Control the Use of Your Image and Likeness
Whether you are a star in the California entertainment industry in Hollywood, Malibu, Los Angeles, - A La Jolla, Irvine, Los Angeles and San Diego Biotechnology Attorney's View of What Biotechnology Can Do for Mankind
If you work in any of the high tech or university medical research areas of Southern California suc - La Quinta, Garden Grove and Corona Del Mar California Copyright Lawyer Looks at Copyright Infringements in Conversations
No matter where you live or try to make a living in Southern California, from Westminster and Missi - Palm Desert, San Diego and Orange County California Intellectual Property Attorney Explains the Worldwide Intellectual Property System
If you are an inventor, a writer, a musician or a designer, it doesn't matter if you live in Murrie - An Orange County, Fullerton and Riverside California Trademark Lawyer's Humorous Take on Trademark Infringement
To a great many people in Southern California, the law regarding infringement of trademarks, copyri - The Marketing of Candidates Using Trademarks and Campaign Slogans in California and the U.s
No matter where you live in America, whether it is in Orange County, California, Los Angeles, CA, S - Trademark of Slogans and Phrases by Palm Springs, San Diego and Orange County California Trademark Lawyers
Clients who want to trademark a slogan or phrase for their products can come from Santa Ana, Califo - Small Article- Poverty
                 Poverty.         Most of the people in most of the cou - Protecting Your Interests: Using Competitive Intelligence Gathering Techniques at Tradeshows to Safeguard Your Bottom Line
"This looks absolutely amazing!" The attendee was smiling, eyes bright, a wide grin. "If this is
Most viewed articles in this category:
- 5 Ways to Protect Your Idea-for Less than $30
For all of the people out there who can't afford the $5,000 for a patent this book is for you. Even - Selecting Business Names and Intellectual Property Law
Whether a software license agreement is properly constructed for a transaction depends on a range of - Protect Your Creativity
As an entrepreneur, you are undoubtedly blessed with the ability to come up with new ideas for produ - Protecting Your Intellectual Property (IP)
Intellectual Property (IP), in the literal sense, refers to the property of one's intellect or mind. - How "Work For Hire" Laws Protect You When You Hire a Ghostwriter
Some people are interested in jumping on the article marketing bandwagon but lack either the time or - Digital Millennium Copyright Act DMCA Redefined - Steps to Keep Your Content and Intellectual Proper
As Viacom prepares to square off against Google in its lawsuit over the use of copyrighted material - The Difference Between Trade Secrets And Trademarks
Some people get confused between trade secrets and trademarks. A trademark is something that is publ - Intellectual Property Law - Copyright Law - Copyright Infringement - Computer Software
The case of Point Solutions Ltd v Focus Business Solutions Ltd and Another [2007], which was heard i - Understanding Patent Database Behavior For Better Patent Search
Extracting information from huge datasets, based on keyword search is actually a challenging job. Pa - The Intellectual Property Audit - Finding What You Have (Part II of V)
One traditional definition of an intellectual property audit is "a cataloging of a organization's in