Microsoft Corp v Business Boost Pty Ltd [1999] FCA 1384

Microsoft Corp v Business Boost Pty Ltd [1999] FCA 1384

There were serious questions to be tried on both the law and the facts regarding copyright and trademark infringement, and on the balance of convenience an interlocutory injunction against Milosevic was appropriate given the evidence and absence of demonstrated hardship.

Jurisdiction
Australia
Judgment Date
08 October 1999
Procedural Posture
Interlocutory Application / Interlocutory (application for Injunction)
Outcome
Interlocutory injunction granted
Legal Topics
['copyright in Computer Programs' 'trademark Infringement' 'interlocutory Injunctions' 'authorisation of Infringement' 'balance of Convenience']
['intellectual Property Law'] ['copyright in Computer Programs' 'trademark Infringement' 'interlocutory Injunctions' 'authorisation of Infringement' 'balance of Convenience']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory (application for Injunction)

Legal Issues

  1. 1 ['Whether launching a computer program for temporary storage and operation in RAM is a reproduction in a material form under the Copyright Act 1968 (Cth)' 'Whether transfer of a program to hard disk is a reproduction in a material form' 'Whether the respondent reproduced or authorised reproduction of Microsoft programs without licence' "Whether there was infringement or authorisation of infringement of registered trade marks 'MICROSOFT' and 'WINDOWS'" 'Whether misrepresentations were made regarding licensing of installed software' 'Whether interlocutory injunction should be granted due to balance of convenience']

Ratio Decidendi

There were serious questions to be tried on both the law and the facts regarding copyright and trademark infringement, and on the balance of convenience an interlocutory injunction against Milosevic was appropriate given the evidence and absence of demonstrated hardship.

Court Disposition

Interlocutory injunction granted

Orders

  • ['The applicant is directed to bring in proposed Short Minutes of Order within seven days.' 'The motion by Milosevic for particulars is dismissed.']