Microsoft Corporation v Wordsworth

Microsoft Corporation and its affiliates brought an action against Wordsworth in the Federal Court of Australia concerning allegations of copyright and trademark infringement. Microsoft claimed that Wordsworth had reproduced, distributed, and sold copies of Microsoft software without authorisation, and that he had manufactured and sold products bearing Microsoft trademarks. The dispute centred on whether Wordsworth had infringed Microsoft's copyright in its software and its trademarks in relation to goods sold by Wordsworth. The court was required to determine whether the reproduction and distribution of the software and the use of Microsoft trademarks by Wordsworth constituted infringement under the Copyright Act 1968 and the Trade Marks Act 1995.

The court examined the evidence and submissions from both parties to ascertain the nature and extent of Wordsworth's activities. It was established that Wordsworth had been selling software and hardware that infringed Microsoft's copyright and trademarks. The court found that Wordsworth's actions constituted clear infringement of both copyright and trademark law. The court then considered the relief sought by Microsoft, including injunctions, delivery up of infringing products, and damages. The court found that the relief sought was appropriate given the infringement found and the need to protect Microsoft's intellectual property rights.

In light of the findings, the court issued several orders. It restrained Wordsworth from further infringing Microsoft's copyright and trademarks, required him to deliver up all infringing products and software within seven days, and ordered him to pay damages to Microsoft. The court awarded Microsoft statutory damages and additional damages for the infringement of its copyright and trademarks. Interest on the awarded damages was also ordered pursuant to the Act. These orders aimed to provide comprehensive relief to Microsoft and deter further infringement by Wordsworth.