Microsoft Corporation v Glostar Pty Ltd [2003] FCA 210

Microsoft Corporation v Glostar Pty Ltd [2003] FCA 210

The respondents knowingly and flagrantly infringed the applicants' copyright and trade mark rights in Microsoft software by reproducing and selling unlicensed copies on personal computers and in CD-ROMs, justifying injunctive relief and an award of ordinary and additional damages under the Copyright Act 1968 (Cth).

Parties
First Applicant: Microsoft Corporation; Second Applicant: Microsoft Pty Ltd (ABN 29 002 589 460); Third Applicant: Microsoft Licensing, Inc; First Respondent: Glostar Pty Ltd (ABN 15 079 851 728) trading as Downtown Technology Centre; Second Respondent: John Athanasiou
Jurisdiction
Australia
Judgment Date
07 February 2003
Procedural Posture
Civil / Judgment After Trial With No Appearance by Respondents
Outcome
Judgment for the applicants with orders for injunctive relief, delivery up, damages, and costs.
Legal Topics
Copyright Infringement, Trade Mark Infringement, Computer Software, Assessment of Damages, Injunctive Relief
Intellectual Property Law Copyright Infringement Trade Mark Infringement Computer Software Assessment of Damages Injunctive Relief

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Parties

Microsoft Corporation

First Applicant

Microsoft Pty Ltd (ABN 29 002 589 460)

Second Applicant

Microsoft Licensing, Inc

Third Applicant

Glostar Pty Ltd (ABN 15 079 851 728) trading as Downtown Technology Centre

First Respondent

John Athanasiou

Second Respondent

Procedural Posture

Civil / Judgment After Trial With No Appearance by Respondents

Legal Issues

  1. 1 Whether respondents infringed copyright in Microsoft software by reproducing and selling unlicensed copies
  2. 2 Whether respondents infringed Microsoft trade marks by selling unauthorised products
  3. 3 Whether the applicants are entitled to injunctive relief and damages, including additional damages under s 115(4) Copyright Act 1968 (Cth)

Ratio Decidendi

The respondents knowingly and flagrantly infringed the applicants' copyright and trade mark rights in Microsoft software by reproducing and selling unlicensed copies on personal computers and in CD-ROMs, justifying injunctive relief and an award of ordinary and additional damages under the Copyright Act 1968 (Cth).

Court Disposition

Judgment for the applicants with orders for injunctive relief, delivery up, damages, and costs.

Orders

  • Service of proceedings deemed effective as at 7 February 2003.
  • Proceedings heard in absence of the respondents.