Microsoft Corporation v Ezy Loans Pty Ltd

In the case of Microsoft Corporation v Ezy Loans Pty Ltd, the court was asked to consider claims of copyright infringement and trademark infringement by the respondents against the applicants. The applicants alleged that the respondents were selling computers equipped with Microsoft software without proper licensing. The respondents denied the allegations and counterclaimed for damages. The court had to decide whether the respondents infringed the applicants' copyright and trademarks, and if so, what the appropriate remedies and damages should be.

The court found that the respondents did not provide adequate evidence in support of their defence and failed to comply with pre-trial orders, which weakened their position. The applicants presented detailed evidence from multiple witnesses, including employees and experts, who testified about the nature of the respondents' business and the alleged infringement. The court accepted the applicants' evidence as credible and found that the respondents had indeed infringed the applicants' copyright and trademarks by selling computers with unlicensed Microsoft software.

The court ordered that the respondents were to pay substantial damages to the applicants for copyright infringement, as well as additional damages for the infringement of the applicants' trademarks. The court also issued permanent injunctions preventing the respondents from further infringing the applicants' copyright and trademarks. Additionally, the respondents were ordered to deliver up all infringing products and equipment to the applicants. Finally, the court ordered the respondents to pay the applicants' costs.