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22 February 2017Copyright

Microsoft suit against software seller dismissed

A Microsoft lawsuit against a California-based software seller has been dismissed.

Back in August 2015, Microsoft filed a copyright and trademark infringement claim against Destined Design at the US District Court for the Eastern District of California.

Microsoft claimed that Destined Design was selling unauthorised Microsoft software.

The company owns the trademarks ‘Microsoft’, ‘Microsoft Office’and ‘Outlook’, among others, at the US Patent and Trademark Office.

In 2014, Microsoft asked Destined Design to stop distributing unauthorised products, but the company continued to infringe, according to the claim.

“Defendants indicate that they are distributing genuine Microsoft software, including but not limited to downloadable versions of Microsoft Office software,”said the claim.

It added: “However, the Microsoft software and components distributed by defendants are actually unauthorised and infringing.”

In late January this year, the parties agreed a  settlement.

Microsoft obtained an injunction against Destined Design, preventing the company from unauthorised copying or selling infringing software programs, components and end-user licence agreements.

On Thursday, February 16, District Judge Morrison England ordered a dismissal of the suit with prejudice.

Each party will bear its own attorneys’ fees and costs.

The court will also retain jurisdiction to enforce the permanent injunction that it has entered and the settlement agreement between the parties.

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