Microsoft Can't Become Interim Damages Against No-Hope Infringer

On Fri Mr Justice Park issued a ruling inwards Microsoft Corporation v Alibhai together with another, a civil merchandise score infringement illustration amongst an odd twist. In July 2002, 1 Mr Alibhai together with a colleague were sentenced to four-and-a-half years’ imprisonment for, inter alia, conspiring to defraud Microsoft past times dishonestly dealing amongst counterfeit products bearing Microsoft's merchandise marks. Microsoft afterward commenced civil infringement proceedings against the defendants and, nether department 11(2) of the Civil Evidence Act 1968, relied on the fact that they had been convicted every minute testify inwards back upward of their civil claim. Microdsoft together with thence applied for summary judgment inwards its activeness together with for an interim payment, pursuant to the Civil Procedure Rules, Pt 25.

Mr Justice Park agreed that the defendants had no reasonable prospect of defending Microsoft's claim at trial. However the software giant had failed to brand out its illustration for an interim payment: the mere fact that Alibhai together with his friend were guilty of criminal merchandise score infringement did non reverberate at all on the quantum of damages inwards civil proceedings.

can't error the logic of this decision. Damage may live on caused past times infringing acts, simply its acquit on on the rights-owner is non self-evident from the fact that at that spot has been an infringement.

More on harm here and here