Microsoft Corporation v TYN Electronics Pty Limited (In Liquidation) [2004] FCA 1307

Microsoft Corporation v TYN Electronics Pty Limited (In Liquidation) [2004] FCA 1307

The applicants established, and respondents admitted or failed to contest, ownership of copyright and trade marks, and the respondents supplied and authorised the supply of infringing Microsoft software and products without licence, and made false representations. The sole director's control and conduct made him jointly liable. Damages and injunctive relief followed as appropriate under the relevant statutes.

Parties
First Applicant: Microsoft Corporation; Second Applicant: Microsoft Pty Limited; Third Applicant: Microsoft Licensing, Inc; Fourth Applicant: Microsoft Licensing, GP; First Respondent: TYN Electronics Pty Limited (In Liquidation); Second Respondent: Ngat Doan
Jurisdiction
Australia
Judgment Date
08 October 2004
Procedural Posture
Intellectual Property Infringement / Final Judgment After Trial in Absence of Respondents
Outcome
Applicants successful in claims for infringement and statutory contraventions. Orders for injunctions, damages, and costs made against respondents.
Legal Topics
Copyright Infringement, Trade Mark Infringement, Misleading or Deceptive Conduct, Additional Damages, Injunctions
Intellectual Property Trade Practices Copyright Infringement Trade Mark Infringement Misleading or Deceptive Conduct Additional Damages Injunctions

Case Brief

Summary, issues, holding and outcome

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Parties

Microsoft Corporation

First Applicant

Microsoft Pty Limited

Second Applicant

Microsoft Licensing, Inc

Third Applicant

Microsoft Licensing, GP

Fourth Applicant

TYN Electronics Pty Limited (In Liquidation)

First Respondent

Ngat Doan

Second Respondent

Procedural Posture

Intellectual Property Infringement / Final Judgment After Trial in Absence of Respondents

Legal Issues

  1. 1 Whether the respondents infringed copyright in Microsoft Programs contrary to the Copyright Act 1968 (Cth)
  2. 2 Whether the respondents infringed registered Microsoft trade marks contrary to the Trade Marks Act 1995 (Cth)
  3. 3 Whether the respondents contravened the Trade Practices Act 1974 (Cth) by making false or misleading representations

Ratio Decidendi

The applicants established, and respondents admitted or failed to contest, ownership of copyright and trade marks, and the respondents supplied and authorised the supply of infringing Microsoft software and products without licence, and made false representations. The sole director's control and conduct made him jointly liable. Damages and injunctive relief followed as appropriate under the relevant statutes.

Court Disposition

Applicants successful in claims for infringement and statutory contraventions. Orders for injunctions, damages, and costs made against respondents.

Orders

  • The respondents are permanently restrained from specified copyright and trade mark infringements and related conduct.
  • The respondents must deliver up infringing goods and equipment to the applicants' solicitors.