Microsoft Corporation v Short [2011] FCA 247

Microsoft Corporation v Short [2011] FCA 247

The applicants are entitled to default judgment as proper service was effected and no defence or appearance was entered by the respondent. The facts as stated in the statement of claim and supporting evidence establish infringement of the applicants' registered trademark and misleading and deceptive conduct. The orders sought are within the Court's jurisdiction and are appropriate in the circumstances.

Jurisdiction
Australia
Judgment Date
18 March 2011
Procedural Posture
Application and Statement of Claim / Default Judgment Following Failure to Appear
Outcome
Judgment for the applicants. Injunctive and ancillary relief granted. Costs awarded to the applicants.
Legal Topics
['trade Mark Infringement' 'misleading and Deceptive Conduct' 'default Judgment Procedure']
['intellectual Property Law' 'consumer Law' 'practice and Procedure'] ['trade Mark Infringement' 'misleading and Deceptive Conduct' 'default Judgment Procedure']

Case Brief

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Procedural Posture

Application and Statement of Claim / Default Judgment Following Failure to Appear

Legal Issues

  1. 1 ["Whether the respondent infringed the applicants' registered trade mark 'Windows'" 'Whether the respondent engaged in misleading and deceptive conduct under the Fair Trading Act 1999 (Qld) and Australian Consumer Law (Qld)' 'Whether default judgment and associated relief should be granted in the absence of an appearance by the respondent']

Ratio Decidendi

The applicants are entitled to default judgment as proper service was effected and no defence or appearance was entered by the respondent. The facts as stated in the statement of claim and supporting evidence establish infringement of the applicants' registered trademark and misleading and deceptive conduct. The orders sought are within the Court's jurisdiction and are appropriate in the circumstances.

Court Disposition

Judgment for the applicants. Injunctive and ancillary relief granted. Costs awarded to the applicants.

Orders

  • ["The respondent is permanently restrained from selling, offering for sale, promoting, or advertising software products under, or by reference to, 'Windows,' 'Windows Family Safety,' or similar marks." "The respondent must cancel the domain names windowssupervisor.com and windowsfamilysafety.com and is restrained...