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[2000] FCA 1933
appellant. 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...
1 cited instrument linked from this judgment.
The Federal Court ordered that 380 CD-ROMs seized by Customs be forfeited to the Commonwealth because they appeared to be infringing items. The person named as the importer could not be located, and the Court was satisfied that further attempts to serve court papers would be futile because a false name appeared to have been used. The Court therefore proceeded to make the forfeiture order without the importer being present.
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Sony Computer Entertainment Australia Pty Ltd v Wright [2000] FCA 1933
SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD & ANOR v DESMOND WRIGHT N1088 of 2000
BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD
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.
BETWEEN: SONY COMPUTER ENTERTAINMENT AUSTRALIA PTY LTD
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 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. 2 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. 3 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
Sony Computer Entertainment Australia Pty Ltd
Wright
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.