Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Microsoft Corporation v Blanch [2002] FCA 895
COPYRIGHT – copyright in computer software and programs – infringement – counterfeit copy obtained by sale below market rate – software loaded onto computer system sold to applicants' investigator – supply of "burnt disk" with copy of applicants' software on TRADE MARKS – marks in respect of software – infringement - infringing products obtained by sale – infringing product supplied on "burnt disk" – infringing product displayed on computer monitor FAIR TRADING – misleading conduct – whether sale of counterfeit disk which infringed copyright and trade marks of applicant constituted misleading conduct – the meaning of ss 10, 11 under Fair Trading Act 1999 (Vic) – whether acts of respondents liable to "mislead the public" INJUNCTIONS – whether an injunction should be granted in broad terms because of applicants' apprehension of further infringements of their copyright materials and trade marks by the respondents
Copyright Act 1968 (Cth) ss 31(1)(a), 36(1) Trade Marks Act 1995 (Cth) ss 120(1) Fair Trading Act 1999 (Vic) ss 10,11 Federal Court Rules O 11 r 13(1), O 10 r 7, O 20 r 1, O 18 r 4
Microsoft Corp v Business Boost Pty Ltd [2000] FCA 1651 followed Microsoft Corporation v Goodview Electronics Pty Limited [2000] FCA 1852 followed Microsoft Corporation v Plato Technology Limited [1999] FSR 834 considered Australasian Performing Right Association Limited v Pashalidis [2000] FCA 1815 cited MICROSOFT CORPORATION AND MICROSOFT PTY LTD v ROBERT GEOFFREY BLANCH AND WENDY THERESA WILSON N1299 OF 2001 BRANSON J 18 JULY 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1299 OF 2001
BETWEEN: MICROSOFT CORPORATION
FIRST APPLICANT
MICROSOFT PTY LTD
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