A Queensland data recovery technician has been found guilty of infringing Microsoft’s ‘Windows’ copyright by the Federal Court.
Microsoft filed a statement of claim against Nathan John Short last month, alleging the Queensland data recovery technician had infringed the software giant’s copyright by selling products under the Windows’ trademark and selling products purported to be from the company.
Both websites involved - windowssupervisor.com and windowsfamilysafety.com - had been registered through a United States-based proxy company via the GoDaddy net registry. During the course of the hearings, one of the websites involved - windowssupervisor.com - remained active but since the Federal Court judgement both appear to have been taken down.
In an interlocutory hearing held by presiding judge, Justice Margaret Stone, on Friday 18 March, Justice Stone found Short or an agent affiliated with Short had infringed the copyright. Justice Stone ordered Short cancel the domain names involved and placed an injunction on the technician from selling any products or operating domain names in any way affiliated with Microsoft.
He was also ordered to pay the cost of proceedings and deliver all documents and materials relating to the infringement to Microsoft.
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