Microsoft files IP infringement suit despite earlier injunction

Microsoft has filed a copyright and trademark infringement lawsuit against a US-based company.

The company filed its lawsuit (pdf) against My Choice Software (MCS) at the US District Court for the Central District of California on Friday, December 9.

It argued that MCS infringed its copyright and trademarks, falsely designated the origin of MCS’s products, falsely advertised its products and violated the Anti-Counterfeiting Amendments Act of 2004.

Additionally, Microsoft said that MCS committed unfair competition and unfair trade practices, and that the company illegally received money that belonged to Microsoft.

The company has sought a permanent injunction against MCS.

Microsoft owns copyright for Windows 10, Outlook 2010 and PowerPoint 2010.

The technology business also owns trademarks for the terms ‘Microsoft’, ‘Windows’ and ‘PowerPoint’.

The suit said that MCS marketed, copied and distributed unauthorised and infringing products such as Microsoft 2010 software.

Further, Microsoft said that MCS was distributing fake authenticity labels online.

Microsoft sued MCS in April last year based on the alleged distribution of infringing copies of the company’s software.

In February this year, the court issued a permanent injunction which aimed to stop MCS from future infringement.

However, MCS still continues to infringe Microsoft’s products, according to the latest suit.

Microsoft is asking for enhanced statutory damages, statutory damages for each counterfeited mark, profits, costs of bringing the action and attorneys’ fees.

A spokesperson for Microsoft told WIPR that they don't have anything to add beyond what's contained in the filing.