Microsoft Corporation v Ling & Ors

Microsoft Corporation v Ling & Ors

Defendants traded in loose and counterfeit COAs and software media, knowingly or with reason to know of their use to facilitate copyright and trade mark infringement and passing off. Microsoft’s licensing system is lawful and does not infringe competition law. There is no real prospect of defendants successfully defending the claims. Summary judgment is granted on liability, including additional damages to be assessed.

Parties
Claimant: Microsoft Corporation; Defendant: William Ling; Defendant: Oyster Computers by Tech Imports Limited; Defendant: Digital Now! Limited; Defendant: Edward Hill; Defendant: Gail Parker; Defendant: Ronald Hill
Jurisdiction
England and Wales
Judgment Date
03 July 2006
Procedural Posture
Civil / Summary Judgment Application
Outcome
Judgment for Microsoft on liability, including claim for additional damages to be assessed.
Legal Topics
Copyright Infringement, Trade Mark Infringement, Passing Off, Restraint of Trade, Competition Law, Damages
Intellectual Property Competition Law Commercial Law Copyright Infringement Trade Mark Infringement Passing Off Restraint of Trade Damages

Case Brief

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Parties

Microsoft Corporation

Claimant

William Ling

Defendant

Oyster Computers by Tech Imports Limited

Defendant

Digital Now! Limited

Defendant

Edward Hill

Defendant

Gail Parker

Defendant

Ronald Hill

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether defendants infringed Microsoft’s copyright by trading in loose and counterfeit COAs and software media
  2. 2 Whether defendants infringed Microsoft’s trade marks
  3. 3 Whether defendants committed passing off by issuing instruments of deception

Ratio Decidendi

Defendants traded in loose and counterfeit COAs and software media, knowingly or with reason to know of their use to facilitate copyright and trade mark infringement and passing off. Microsoft’s licensing system is lawful and does not infringe competition law. There is no real prospect of defendants successfully defending the claims. Summary judgment is granted on liability, including additional damages to be assessed.

Court Disposition

Judgment for Microsoft on liability, including claim for additional damages to be assessed.

Orders

  • Summary judgment granted for Microsoft against defendants (3)-(6) on liability.
  • Damages, including additional damages, to be assessed.