Microsoft Corporation v Glostar Pty Ltd [2003] FCA 210

FEDERAL COURT OF AUSTRALIA

Microsoft Corporation v Glostar Pty Ltd [2003] FCA 210 COPYRIGHT – infringement action – copyright in computer software, operating systems and programs – copying of computer programs and operating systems onto computers for sale thereby making the package sold more attractive to consumers – software loaded onto computer system sold to applicants´ investigators – where respondents' breach was made in knowledge of the applicants' rights – where there is a threat of continuing infringement – assessment of damages. TRADE MARKS – infringement action – trade marks in computer software, operating systems and programs – copying of computer programs and operating systems onto computers for sale thereby making the package sold more attractive to consumers – software loaded onto computer system sold to applicants´ investigators where respondents' breach was made in knowledge of the applicants' rights – where there is a threat of continuing infringement – restraining the respondents from continuing the infringing conduct. Federal Courts of Australia Act 1976 (Cth) – s 51A Copyright Act 1968 (Cth) – s 36, s 38, s 115(2), s 115(4) Trade Marks Act 1995 (Cth) – s 121 Trade Practices Act 1974 (Cth) Federal Court Rules, O 18 r 2

MICROSOFT CORPORATION AND MICROSOFT PTY LTD (ABN 29 002 589 460) AND MICROSOFT LICENSING, INC v GLOSTAR PTY LTD (ABN 15 079 851 728)

trading as Downtown Technology Centre AND JOHN ATHANASIOU

N 983 OF 2002 HILL J 7 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 983 OF 2002

BETWEEN: MICROSOFT CORPORATION

FIRST APPLICANT

MICROSOFT PTY LTD (ABN 29 002 589 460)

SECOND APPLICANT

MICROSOFT LICENSING, INC

THIRD APPLICANT

AND: GLOSTAR PTY LTD (ABN 15 079 851 728)