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Microsoft Corp. v. JY Computer

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 23, 2009

MICROSOFT CORPORATION, A WASHINGTON CORPORATION, PLAINTIFF,
v.
JY COMPUTER, INC., A CALIFORNIA CORPORATION; AND HYUN KU CHO A/K/A PETER CHO, AN INDIVIDUAL, DEFENDANT.

The opinion of the court was delivered by: Hon. Valerie Baker Fairbank

PERMANENT INJUNCTION AGAINST DEFENDANTS JY COMPUTER, INC. AND HYUN KU CHO A/K/A PETER CHO DATE: February 23, 2009 TIME: 1:30 p.m. CTRM: 9

GOOD CAUSE HAVING BEEN SHOWN THEREFORE, IT IS HEREBY ORDERED that Defendants JY Computer, Inc., a California corporation, and Hyun Ku Cho a/k/a Peter Cho, an individual, (collectively "Defendants"), along with their directors, principals, officers, agents, servants, employees, representatives, successors and assigns, and all those persons or entities acting in concert or participation with them, shall be and hereby are PERMANENTLY ENJOINEDand 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");

(6) 2,999,281 (COLOR FOUR SQUARE LOGO); or the software programs, components, EULAs, COAs, items or things protected by the following Certificate of Copyright Registration Nos.:

(1) TX 5-837-617 ("Office 2003 Professional");

(2) TX 5-837-636 ("Excel 2003");

(3) TX 5-900-087 ("Outlook 2003");

(4) TX 5-852-649 ("PowerPoint 2003");

(5) TX 5-900-088 ("Word 2003");

(6) TX 5-837-618 ("Publisher 2003");

(7) TX 5-877-513 ("Business Contact Manager for Outlook 2003");

(8) TX 5-901-713 ("Access 2003"); 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 program, 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 copyright and/or trademark-protected software programs in any of Defendants' trade or corporate 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.

Hon. Valerie Baker Fairbank United States District Judge

20090223

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