Microsoft Corp & Anor v KT Technology (Aust) Pty Ltd & Anor [1998] FCA 471

Microsoft Corp & Anor v KT Technology (Aust) Pty Ltd & Anor [1998] FCA 471

KT admitted infringing Microsoft’s copyright and trade mark rights through importation and sale of products. Conversion damages are due based on notional ownership by Microsoft of the infringing copies under s 116 of the Copyright Act, and relevant credit for seized goods had already been given. No admissible evidence justified reduction of damages. Judgment was therefore entered in the claimed sum.

Jurisdiction
Australia
Judgment Date
16 April 1998
Procedural Posture
Intellectual Property and Trade Practices Dispute / Judgment After Evidence and Written Submissions
Outcome
Judgment for the first applicant against the first respondent, proceeding otherwise dismissed.
Legal Topics
['copyright Infringement' 'trade Mark Infringement' 'misleading and Deceptive Conduct' 'parallel Importing' 'conversion Damages']
['intellectual Property' 'trade Practices'] ['copyright Infringement' 'trade Mark Infringement' 'misleading and Deceptive Conduct' 'parallel Importing' 'conversion Damages']

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Procedural Posture

Intellectual Property and Trade Practices Dispute / Judgment After Evidence and Written Submissions

Legal Issues

  1. 1 ['Whether KT Technology infringed Microsoft’s copyright and trade mark rights through importation and sale of Microsoft products' 'Whether KT’s conduct contravened the Trade Practices Act 1974 as misleading and deceptive' 'Entitlement and quantification of conversion damages under s 116 of the Copyright Act 1968']

Ratio Decidendi

KT admitted infringing Microsoft’s copyright and trade mark rights through importation and sale of products. Conversion damages are due based on notional ownership by Microsoft of the infringing copies under s 116 of the Copyright Act, and relevant credit for seized goods had already been given. No admissible evidence justified reduction of damages. Judgment was therefore entered in the claimed sum.

Court Disposition

Judgment for the first applicant against the first respondent, proceeding otherwise dismissed.

Orders

  • ['Judgment for Microsoft Corporation against KT Technology (Aust) Pty Limited in sum of $197,389.38 including interest.' 'Proceeding otherwise dismissed.']