Adobe files IP infringement lawsuit against US individuals
Computer software company Adobe Systems has filed a lawsuit against a group of alleged software pirates and counterfeiters.
Adobe filed its lawsuit against Derek Lehman and a group of unknown individuals at the US District Court for the Northern District of California on Wednesday, November 9.
The suit said that the defendants infringed and diluted the company’s trademarks, assigned a false designation of origin, infringed copyright, and committed unfair and fraudulent business practices.
In the suit, Adobe said that Lehman was the owner of a business called Cordova Liquidators, which dissolved in August this year.
The software company argued that Lehman was a “moving force” behind the actions of Cordova Liquidators, and that he continues to do business under that name.
Adobe said the defendants sold software products that infringed its trademarks and copyright, including online.
The company owns marks for the terms ‘Adobe’, ‘Acrobat’, ‘Creative Suite’, ‘Dreamweaver’ and ‘Flash’ at the US Patent and Trademark Office.
It also owns copyright for its Adobe Acrobat, Adobe Creative Suite and Macromedia Dreamweaver software at the US Copyright Office.
Adobe has imposed “various restrictions” on the distribution of all its software, and “every piece” of Adobe-branded software is licensed.
The company also distributes original equipment manufacturer (OEM) versions of Adobe-branded software.
According to the suit, “OEM software is intended to be distributed only with approved hardware components as a bundle”.
“OEM software may not be unbundled and distributed separately from the specific hardware components for which they were intended”, and may not be resold.
The suit added that the alleged infringers dealt in “unauthorised, infringing, pirated and counterfeit Adobe-branded software products”.
Adobe said that the defendants never had authorisation to use its trademarks and copyright. It also said that the defendants changed the components of its OEM-branded software and sold unauthorised versions.
Adobe is asking for profits, damages, actual damages, costs of bringing the suit, attorneys’ fees and a trial by jury.
