Microsoft Corporation v Glostar Pty Ltd

Microsoft Corporation brought an action against Glostar Pty Ltd in the Federal Court of Australia, seeking relief for the alleged infringement of copyright in its computer software and trademarks. The dispute centred around Glostar’s unauthorised reproduction, distribution, and sale of Microsoft’s computer programs and the unauthorised use of Microsoft’s trademarks on various products. Microsoft sought an injunction against Glostar’s infringing activities, the delivery of all infringing products and equipment, and damages for the infringement.

The court had to determine whether Glostar had indeed infringed Microsoft’s copyright and trademarks, and if so, what remedies were appropriate. Microsoft argued that Glostar’s actions constituted clear infringement, as they had reproduced and distributed Microsoft software without authorisation and used Microsoft’s trademarks on products without permission. Glostar did not contest the allegations in court, leading to the court finding that the infringement had occurred. The court then considered the appropriate relief to be granted, including permanent injunctions, delivery of infringing products, and financial compensation.

The court granted extensive relief to Microsoft. It permanently restrained Glostar from reproducing, distributing, or selling any of Microsoft’s computer programs or products without authorisation. Glostar was also required to deliver up all infringing products and equipment to Microsoft. Furthermore, the court awarded Microsoft damages for the infringement under the Copyright Act 1968 (Cth), totalling $295,000, and ordered Glostar to pay Microsoft’s costs of the proceedings. The court also directed that service of certain orders could be effected by sending a sealed copy of the orders to a specified address.