SCEA has claimed in the Federal Court in NSW that Andy Kasmara, MJM 2000 Plus and three other individuals associated with it, including his wife Jenny Anggraini, of breaching NSW and Victoria fair trading legislation, contracts the individuals entered into with the company in 1998 and trademark infringements.
The contracts between SCEA and Kasmara, Anggraini and the two other individuals, were established as alternatives to court action after Australian Customs officers seized a total of approximately 950 counterfeit PlayStation CD-ROMs on separate occasions throughout 1998. At the time all four individuals gave undertakings to stop importing and selling counterfeit Sony PlayStation games.
However SCEA claims the group members were involved in the further sale of an alleged 270 counterfeit games late last year, breaching their contracts and engaging in misleading and deceptive conduct under both the NSW Trade Practices Act 1974 and the Victoria Fair Trading Act 1999.
SCEA alleges between October and November 2003 "one or more" of the group sold counterfeit PlayStation games, including Harry Potter, Tekken 4 and AFL Live 2003 on to one of its undercover investigator on four separate occasions.
SCEA is seeking compensation for damage to its brand and lost profits.
Solicitors acting on behalf of MJM 2000 Plus and the group, Testart Robinson said the group conceded that Kasmara sold games to an SCEA undercover investigator. However they have denied that Anggrani, the company -- owned by her father -- or the two others named by SCEA hold any liability for the transactions.
Testart Robinson solicitor Francis Lim said the sales took place at prearranged meeting place in isolation from MJM 2000 Plus and the group.
On November 20 Federal Court Judge Justice Gyles ordered a search at the group's Hawthorn address to recover diskettes, CD-ROMs, computer programs and packaging equipment.
Following the search solicitors acting on behalf of SCEA, Allens Arthur Robinson, obtained a court order to have materials seized in the search, including a hard drive delivered to PriceWaterhouseCoopers forensic specialists.
SCEA solicitors also sought an order guaranteeing that the group preserve assets and cash within Australia to value of AU$300,000 and restraining those it named in the action drawing more than AU$500 per week from MJM 2000 Plus business accounts.
Lim said that Kasmara and the group have invited SCEA to negotiate on the matter but the company was yet to respond. On Wednesday solicitors for SCEA sought permission to use one of the documents seized in the search.
