Adobe takes action against online infringer

Software company Adobe has filed a copyright and trademark infringement claim against an alleged online infringer.

Filed on Tuesday (pdf), November 29 at the US District Court for the Northern District of California, Adobe alleged that Fraz Tanvir, an individual residing in North Wales, Pennsylvania, had committed infringement.

Adobe also claimed false designation of origin, false or misleading advertising, unfair competition, trademark dilution and unlawful business practices.

The software company has registered a number of trademarks, including ‘Adobe’, ‘Acrobat’, ‘After Effects’ and ‘Photoshop’, with the US Patent and Trademark Office.

Its software is copyrightable subject matter, and Adobe has secured copyright registrations for various versions of the software.

“Software piracy undermines plaintiff’s investment and creativity, and misleads and confuses consumers,” said the suit.

Tanvir, and unnamed defendants, allegedly sold infringing products through eBay.

In May 2015, an Adobe investigator purchased a MacBook from the eBay seller. The investigator analysed the software and found that it contained an unauthorised copy of “Adobe Creative Suite 6”.

Another purchase was made in July that year. The investigator found an unauthorised version of “Adobe Photoshop Lightroom” as well as a number of unauthorised beta versions of software.

Then, in August, Adobe sent a cease-and-desist letter but did not receive a response. Adobe followed up with a number of notices, according to the suit, but the defendant has continued the infringing activity.

“It has become apparent … that defendants are engaged in an ongoing piratical concern whose primary business consists of systematically infringing upon plaintiff’s trademarks and copyrights in order to generate substantial illegal revenues,” claimed the suit.

Adobe is seeking a jury trial, an award of profits and damages, triple damages for wilful infringement, injunctive relief, and attorneys’ fees and costs.