For the half-year to 30 June 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Alberto Bellan, Darren Meale and Nadia Zegze.

Two of our regular Kats are currently on blogging sabbaticals. They are David Brophy and Catherine Lee.

Thursday, 18 August 2005

SONY IN ELECTRICBIRDLAND


Here's a case swiftly noted by Butterworth's All England Direct subscription service and also by Sweet & Maxwell's Lawtel: Kabushiki Kaisha Sony Computer Entertainment and another v Electricbirdland Ltd, a ruling yesterday by Mr Justice Pumfrey in the Chancery Division.

Sony claimed that Electricbirdland infringed some of their Community and United Kingdom trade marks, Electricbirdland having imported into the UK PLAYSTATIONS that were originally marketed outside the European Economic Area (EEA). Sony, alleging infringement of its PLAYSTATION word mark and associated logos, sued for infringement and applied for summary judgment. Electricbirdland denied infringing, saying Sony consented to the importation -- an allegation Sony denied.


The IPKat remembers when play stations looked like this ...

Pumfrey J allowed the application and gave summary judgement in Sony's favour. He said that the hurdle facing any defendant who wanted to argue that a trade mark owner consented to the re-marketing within the EEA of goods first marketed outside the EEA,was a high one. He had to be able to produce cogent evidence that the proprietor consented knowingly to the transaction(s) that formed the subject matter of the complaint. In this case, since it was simply impossible to infer that Sony consented to Electricbirdland's activities, there was no arguable defence of consent.

If on the facts you don't have a defence, summary judgment can't be avoided

The IPKat agrees that spurious and unlikely defences should not be given a chance to stand in the way of justice, but he sees a distinction between cases where the defendant raises a weak legal case (which can still be argued and should not be swept aside for the sake of justice being seen to be done) and cases where he raises a weak factual defence (where everyone in the court knows he hasn't a serious chance -- which is what summary judgment is so good for).

Merpel says, but I thought everyone was entitled to their day in court ...

7 comments:

Anonymous said...

If that's New York station, I'm a monkey's uncle!

Anonymous said...

why did electricbirdland not attend the court?

Anonymous said...

“We cannot live for ourselves alone. Our lives are connected by a thousand invisible threads, and along these sympathetic fibers, our actions run as causes and return to us as results.”
- Herman Melville

RSS is the way of the Future...
rss feed list

Anonymous said...

Help! I am lost. I was searching for computer mouse and somehow ended up here. How that happened I don't know, however I do like your Blog a lot. Would you mind if I add your Blog to my favorites page so others can visit?

Anonymous said...

Get 1000s of Links pointing back to Your Site... Starting Today!

Brian said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a advertising internet marketing marketing site/blog. It pretty much covers advertising internet marketing marketing related stuff.

Come and check it out if you get time :-)

Anonymous said...

"No Charge Online Advertising Channels For Any Business"

Subscribe to the IPKat's posts by email here

Just pop your email address into the box and click 'Subscribe':