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30 May 2017Copyright

Microsoft obtains injunction against IP infringer

Microsoft has obtained a permanent injunction and default judgment against a company accused of infringing its trademarks and copyright.

In October last year Microsoft sued Hanson’s Geeks, an Arizona-based company that sold computer software, according to the claim.

The lawsuit was filed at the US District Court for the District of Arizona.

Microsoft said that Hanson’s Geeks had distributed counterfeit and infringing copies of Microsoft software and had used copies of Microsoft’s trademarks and copyright in online advertisements.

In April 2016, the software shop distributed counterfeit and infringing Office 2013 software components to an investigator, said the claim.

It added that the distribution of copies was “not an isolated incident” and that the defendant was “wilfully blind and acted in reckless disregard” of Microsoft’s IP

Microsoft owns the copyright in a number of computer software programs, including Office 2013 (a suite of programs) and Outlook.

The technology company also owns trademarks at the US Patent and Trademark Office which include ‘Microsoft’ and ‘Microsoft Office’.

On Thursday, May 25, District Judge John Tuchi signed the order (pdf) for default judgment.

“Defendants’ use of plaintiff’s marks has resulted in the placement in commerce of infringing items that are strikingly similar to genuine Microsoft, or Microsoft-licensed, programs that are or were likely to cause confusion, mistake or deception in the market as to the source of those items,” said the order.

Hanson’s Geeks was enjoined from reproducing and distributing any unauthorised or counterfeit Microsoft goods.

It was also ordered to pay statutory damages of $520,000, comprised of statutory damages of $120,000 under the Copyright Act and $400,000 under the Lanham Act.

Hanson’s Geeks website and online eBay store appears to be shut down.

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5 June 2017   Microsoft has sued a Florida-based technology company that has allegedly sold counterfeit copies of Windows 7 and 8.1 software.
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20 October 2017   Microsoft has sued a Delaware-based computer software company for allegedly pirating its software and distributing it without permission.