Microsoft Corporation v Short

Microsoft Corporation filed an action against Short in the Federal Court, seeking relief for trademark infringement and misleading and deceptive conduct. Microsoft claimed that Short had infringed on its registered trademark "Windows" by selling software under names like "Windows Family Safety" and registering domain names such as windowssupervisor.com and windowsfamilysafety.com. Microsoft sought an injunction to prevent Short from continuing these activities, the delivery up of all materials bearing the infringing marks, and costs.

The court needed to determine whether the application for judgment on default was properly made under the Federal Court Rules and whether it was appropriate to grant the relief sought. Additionally, the court had to decide if Short's failure to respond warranted granting the relief sought by Microsoft, and whether the specific relief sought was justified under the Trade Marks Act 1995 (Cth) and the Fair Trading Act 1999 (Qld).

The court found that the application for judgment on default complied with the requirements of Order 35A, rule 3(2)(c) of the Federal Court Rules, as it was made in proceedings commenced by an application and statement of claim. The court noted that Short had been served with all relevant documents and had failed to attend the directions hearing or file a notice of appearance. Given this, the court was satisfied that relief should be granted as sought in the statement of claim. The court then granted the injunctions and ancillary relief as requested by Microsoft, including the delivery up of materials bearing the infringing marks and an order for Short to pay costs.

The final orders of the court included a permanent restraint on Short from selling, offering for sale, promoting, or advertising software products under or by reference to the names "Windows" or "Windows Family Safety," or any similar names. The court also ordered Short to cancel specific domain names and refrain from using or registering similar domain names. Additionally, Short was restrained from infringing Microsoft's registered trademark and from making various representations regarding affiliation or approval by Microsoft. Finally, Short was ordered to deliver up all materials bearing the infringing marks and to pay Microsoft's costs.