A DAVID and Goliath legal battle is raging between Sony and independent retailers who are selling its PlayStation Portable device in Britain before it goes on sale officially.

The PSP, which plays video games, music and films, has already become a big seller in Japan and the United States, but supply shortages forced Sony to delay its arrival on the European market until September.

Retailers, on both the high street and internet, filled the gap by importing PSPs from Japan and the US and selling them in Britain. The so-called parallel import sales have been taking place since the beginning of the year.

Recently one internet retailer, ElectricBirdLand, received a “cease and desist” order amid claims that its site is infringing Sony’s trademark.

Sony said in a statement: “The law is clear, and the activity of parallel importing of PSP products from the US/Japan is unlawful. It should be clearly understood that under no circumstances does Sony Computer Entertainment consent to such activities.”

ElectricBirdLand is not backing down, insisting that Sony does not own the PSP trademark in Britain, where it has been registered by Owtanet Ltd, a small Bristol-based IT and design firm. Sony’s cease-and-desist letter refers to the original PlayStation trademark.

Dan Morelle, managing director of ElectricBirdLand, said: “We are not trying to belittle the Sony brand or damage any future sales as demand for the product is so great. All we offer is the one thing Sony has failed to do, and that is to give the customer exactly what they want, when they want it. Sony Computer Entertainment is well known for fudged product launches and this is another example.”

The PSP console went on the market in Japan last December and in America in March — when it was also supposed to do so in Europe.

Mr Morelle said: “The PSP is set to become the Walkman of the 21st century and the overwhelming consumer interest we are experiencing is testament to this.”

Other retailers are backing down, faced with the legal threat. MBA Technology, in Tottenham Court Road, said: “We were selling them a few weeks ago but stopped when we got a legal letter.”

Mr Morelle said that although initially “scared and then a little depressed” by the legal threat, he was now “feeling quite feisty and prepared to fight Sony in the High Court” where, if necessary, he would represent himself. “I can’t afford to pay £900 an hour for a barrister,” he said.

He started his company less than three years ago and works alone from home, doing “everything from the company’s web design and customer service to repairs”. He says he has sold “hundreds” of PSPs, for about £195 each, having sourced them mostly from the Far East.

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