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Microsoft Corp. v. Nguyen

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 22, 2008

MICROSOFT CORPORATION, PLAINTIFF,
v.
DANIEL NGUYEN, AN INDIVIDUAL, D/B/A IDEAL COMPUTER SOLUTIONS DANIEL NGUYEN, AN INDIVIDUAL, D/B/A IDEAL COMPUTER SOLUTIONS; AND PHUC NGUYEN, AN INDIVIDUAL, D/B/A IDEAL COMPUTER SOLUTIONS, DEFENDANTS.

The opinion of the court was delivered by: Honorable M. James Lorenz United States District Judge

PERMANENT INJUNCTION AGAINST DEFENDANT

Pursuant to the joint motion of the parties and good cause appearing therefor, IT IS HEREBY ORDERED that Defendant Daniel Nguyen, an individual, d/b/a Ideal Computer Solutions, along with his agents, servants, employees, representatives, successors and assignees, and all those acting in concert or participation with him, shall be, and hereby are, PERMANENTLY ENJOINED and restrained from:

(a) imitating, copying, or making any other counterfeit distribution of software programs, components, end user license agreements ("EULAs"), Certificates of Authenticity ("COAs") or items protected by Microsoft's registered trademarks and service marks, including, but not limited to, the following Trademark and/or Service Mark Registration Numbers:

(1) 1,200,236 ("MICROSOFT");

(2) 1,256,083 ("MICROSOFT");

(3) 1,475,795 ("POWERPOINT");

(4) 1,741,086 ("MICROSOFT ACCESS");

(5) 2,188,125 ("OUTLOOK"); and

(6) 1,982,562 (PUZZLE PIECE LOGO); or the software programs, components, EULAs, COAs, items or things protected by the following Certificate of Copyright Registration Numbers:

(1) TX 5-329-272 ("Office XP Professional");

(2) TX 5-321-421 ("Access 2002");

(3) TX 5-318-231 ("Excel 2002");

(4) TX 5-321-422 ("Outlook 2002");

(5) TX 5-318-232 ("PowerPoint 2002"); and

(6) TX 5-321-425 ("Word 2002"); or any other works now or hereafter protected by any of Microsoft's trademarks or copyrights;

(b) manufacturing, assembling, producing, distributing, offering for distribution, circulating, selling, offering for sale, advertising, importing, promoting, or displaying any software programs, component, EULA, COA, item or thing bearing any simulation, reproduction, counterfeit, copy, or colorable imitation of any of Microsoft's registered trademarks or service mark, including, but not limited to, the Trademark and Service Mark Registration Nos. listed in Paragraph (a) above;

(c) using any simulation, reproduction, counterfeit, copy, or colorable imitation of Microsoft's registered trademarks or service mark including, but not limited to, the Trademark and Service Mark Registration Nos. listed in Paragraph (a) above, in connection with the manufacture, distribution, offering for distribution, sale, offering for sale, advertisement, promotion, or display of any software, component, EULA, COA, item or thing not authorized or licensed by Microsoft;

(d) using any false designation of origin or false description which can or is likely to lead the trade or public or individuals erroneously to believe that any software, component, EULA, COA, item, or thing has been manufactured, produced, distributed, offered for distribution, advertised, promoted, displayed, licensed, sponsored, approved, or authorized by or for Microsoft, when such is not true in fact;

(e) using the names, logos, or other variations thereof of any of Microsoft's copyrights and/or trademark-protected software programs in any of Defendant's trade names;

(f) engaging in any other activity constituting an infringement of any of Microsoft's trademarks, service mark and/or copyrights, or of Microsoft's rights in, or right to use or to exploit these trademarks, service mark, and/or copyrights, or constituting any dilution of Microsoft's name, reputation, or goodwill; and

(g) assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in paragraphs (a) through (f) above.

IT IS SO ORDERED.

20080422

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