Sony Computer Entertainment has won a High Court injunction to prevent online store Nuplayer selling imported Japanese PSP consoles - but the retailer has hit back by taking pre-orders for European PSPs at a reduced price.
Speaking exclusively to GamesIndustry.biz, Nuplayer's Kamal Sharma said: "We were very disappointed by the judgement, but we were prepared for it." He explained that the retailer had only a small amount of Japanese stock left when the judgement was made.
Following a series of delays in the case, Mr Justice Lawrence Collins last week ruled that Nuplayer had no arguable defence against Sony's claim that the retailer was infringing trade marks.
He issued a summary judgement ordering Nuplayer to pay substantial costs and damages, and to hand over any remaining stock along with details of profits, suppliers and the names and addresses of customers who purchased five or more PSP consoles.
"We brought the site down for three days on the advice of our lawyers, but we are now back up and taking pre-orders for European PSPs with plans to ship on September 1st," Sharma said. Nuplayer is selling the PSP Value Pack for UKP 169.99 - ten pounds cheaper than the RRP.
"Sony has no right to stop us selling PSPs obtained from sources in Europe. The same law Sony used to stop us selling PSPs is the same law we're using to legally sell European products," Sharma stated.
"He who has stock is going to be king between now and December."
"If Sony offered to make me an official distributor now, I would categorically say no, because I would have to sell at the RRP and would only receive a small allocation."
"Because I'm not fixed on price or stock levels, we should have a very good share of the market."
When asked if Nuplayer would face difficulties in paying the legal costs incurred by the case, Sharma replied: "I didn't even give it a second thought."
"What we lost in legal fees we'll make up in PSP sales between now and Christmas."
Sharma also confirmed Nuplayer's intention to sell import Xbox 360 and PS3 consoles, stating: "We will be sourcing the new consoles first."
Earlier this week, Hong Kong-based retailer Lik-Sang issued a statement announcing plans to ship PSP and Nintendo DS consoles free of charge to European consumers purchasing a game at the same time.
Lik-Sang is offering the PSP Standard pack for USD 249.90 (around UKP 143), and the Value Pack for USD 279.90 (UKP 160).
Sony has declared its intention to take action against the retailer, telling GamesIndustry.biz: "We have contacted Lik-Sang regarding imports as other infringers."
"We are actively considering legal remedies available to us and are approaching all known importers in the same way."