Microsoft Corporation v. Buy More, Inc. et al

Filing 213

JUDGMENT AGAINST DEFENDANT CALISTECH by Judge Manuel L. Real: IT IS ORDERED AND ADJUDGED that Plaintiff Microsoft Corporation is awarded $30,000 in statutory damages under the Copyright Act, $800,000 in statutory damages under the Lanham Ac t, $25,000 in statutory damages under the Anti-Counterfeiting Amendments Act of 2004, $20,700 in attorneys' fees and costs, for total judgment of $875,700 against Defendant Calistech, a California corporation. See document for details. (gk)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MICROSOFT CORPORATION, a
Washington corporation,
Plaintiff,
v.
BUY MORE, INC., a California
corporation; AVERAPC, a business of
unknown classification; MOJDEH
ALAM, an individual, a/k/a MOJI
ALAM and d/b/a AVERAPC;
LAPTOP OUTLET CENTER INC., a
California corporation; SIDE MICRO,
INC., a business of unknown
classification; MARYAM SAJJAD, an
individual, d/b/a SIDE MICRO, INC.;
MISSION SOFTWARES, a business of
unknown classification a/k/a MISSION
SOFTS; MOHSEN RAVANBAKHSH,
an individual a/k/a MOHSEN RAVAN
and d/b/a MISSION SOFTWARES
a/k/a MISSION SOFTS; CALISTECH,
a California corporation; VEHID
ABDULLAHI, an individual a/k/a
VICTOR ALLENI; SHAHRAM
SHIRAZI, an individual, a/k/a

Case No. 14-cv-9697 R (PLAx)
JUDGMENT AGAINST
DEFENDANT CALISTECH

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SHAWN SHIRAZ; and DOES 1
through 10,
Defendants.

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This action came before the Court, the Honorable Manuel L. Real, United

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States District Judge presiding, on the motion of Plaintiff Microsoft Corporation

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(“Microsoft”) for default judgment and a permanent injunction against Defendant

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Calistech, a California corporation (“Calistech”). The evidence presented having

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been fully considered and a decision having been duly rendered,

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IT IS ORDERED AND ADJUDGED that,

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By its unauthorized distribution of Microsoft’s trademarks and service

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mark in commerce and in connection with Microsoft Windows 7 software,

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Defendant Calistech has infringed the following registered trademarks and service

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mark owned by Microsoft:

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a.

1,200,236 (“MICROSOFT”);

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b.

1,872,264 (“WINDOWS”);

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c.

2,744,843 (COLORED FLAG DESIGN); and

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d.

3,361,017 (COLORED FLAG START BUTTON).

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2.

Calistech has also infringed Microsoft’s registered copyright in the

following work: TX 7-009-361 (“Windows 7”).
3.

Calistech’s use of Microsoft’s marks has resulted in the placement in

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commerce of infringing items that are strikingly similar to genuine Microsoft, or

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Microsoft-licensed, programs that are or were likely to cause confusion, mistake or

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deception in the market as to the source of those items.

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4.

By its trafficking in counterfeit and illicit Microsoft Certificate of

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Authenticity Labels, Calistech has violated the Anti-Counterfeiting Amendments

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Act of 2004, 18 U.S.C. § 2318.

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Calistech’s distribution of infringing Microsoft software also

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constitutes federal false designation of origin, false description and false

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representation (15 U.S.C. § 1125 et seq.), and unfair competition under California

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common law.

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6.

By misrepresenting to Microsoft that it would abide by the terms of the

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Registered Refurbisher Program in order to obtain access to Microsoft Registered

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Refurbisher Certificates of Authenticity and Product Keys, when it had no intention

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of doing so, Calistech is liable to Microsoft for fraud in the inducement, conversion

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and unjust enrichment.

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7.

The likelihood of confusion that existed in this instance by virtue of

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Calistech’s distribution of counterfeit, infringing and illicit Microsoft software

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components in interstate commerce is an appropriate predicate upon which to base

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permanent injunctive relief against the unauthorized reproduction, replication

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and/or distribution by Calistech of any unauthorized, illegal, and/or counterfeit

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Microsoft items. This Court contemporaneously issues a separate permanent

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injunction.

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8.

under the Copyright Act.

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9.

Microsoft is awarded $800,000 in statutory damages against Calistech

under the Lanham Act.

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Microsoft is awarded $30,000 in statutory damages against Calistech

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Microsoft is awarded $25,000 in statutory damages against Calistech

under the Anti-Counterfeiting Amendments Act of 2004.

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11.

Microsoft is awarded $20,700 in attorneys’ fees and costs.

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12.

The total judgment against Calistech is $875,700.

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///

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///

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///

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13.

This judgment shall accrue interest, compounded annually, pursuant to

28 U.S.C. § 1961.

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December 14, 2015
DATED: _________________

_________________________________
HONORABLE MANUEL L. REAL
United States District Judge

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Approved as to form and content.

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PERKINS COIE LLP

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By:/s/ Katherine M. Dugdale
Katherine M. Dugdale
Attorneys for Plaintiff Microsoft
Corporation