Trademark Law Briefs

Microsoft was granted 3 separate default judgments for trademark and copyright infringement lawsuits brought in California since March 2008.  In all three cases, Microsoft alleged that it had informed the defendants of the violations and the violations continued - making the infringements willful (and hence enhancing the statutory damages).  Yet in all three cases, Microsoft only requested statutory damages for non-willful infringement- something the courts noted when determining the damages plead were reasonable.

Microsoft Corporation v. Nop (March 2008) 2008 US Dist. LEXIS 18727 (ED California)

Statutory Damages: $970,000; Attorneys Fees: $6,374.25; Costs: $859.50; Permanent Injunction.

Microsoft Corporation v. Hassan (April 2008) 2008 US Dist. LEXIS 26687 (ED California)

Statutory Damages: $470,000; Attorneys Fees: $4,987.35; Costs: $882.50; Permanent Injunction.

Microsoft Corporation v. Online Datalink Computer, Inc. et al. (May 2008) 2008 US Dist. LEXIS 36992 (SD California)

Statutory Damages: $970,000; Attorneys Fees & Costs: $5,677.20; Permanent Injunction.

This entry was posted on Thursday, May 29th, 2008 at 2:39 pm and is filed under default judgment, statutory damages. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.