Microsoft Corporation v. Computer Parts Depot, Inc et al

Filing 33

ORDER RE STIPULATION FOR PERMANENT INJUNCTION AGAINST DEFENDANTS COMPUTER PARTS DEPOT, INC. AND NEIL MITTIE 31 filed by Judge Andre Birotte Jr. IT IS HEREBY ORDERED that defendants Computer Parts Depot, Inc., a California corporation, and Nei l Mittie, an individual, ("Defendants") along with Defendants' directors, principals, officers, agents, servants, employees, representatives, successors and assigns, and all those persons or entities acting in concert or participation with Defendants, shall be and hereby are PERMANENTLY ENJOINED. (See attached document for details.) (lom) Modified on 3/10/2016 (lom).

1
2
3
4
5
6
7

Katherine M. Dugdale, Bar No. 168014
[e-mail]
Audra M. Mori, Bar No. 162850
[e-mail]
PERKINS COIE LLP
1888 Century Park E., Suite 1700
Los Angeles, CA 90067-1721
Telephone: [phone]
Facsimile: 310.788.3399
Attorneys for Plaintiff
MICROSOFT CORPORATION

8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16

MICROSOFT CORPORATION, a
Washington corporation,
Plaintiff,
v.
COMPUTER PARTS DEPOT, INC., a
California corporation; and NEIL
MITTIE, an individual,

19
20
21
22
23
24
25
26
27

[PROPOSED] ORDER RE
STIPULATION FOR PERMANENT
INJUNCTION AGAINST
DEFENDANTS COMPUTER PARTS
DEPOT, INC. AND NEIL MITTIE

Defendants.

17
18

Case No. 14-cv-02229 AB (KKx)

The Court having considered the Stipulated Permanent Injunction executed
between Plaintiff Microsoft Corporation (“Microsoft”) and Defendants Computer
Parts Depot, Inc., a California corporation, and Neil Mittie, an individual, as part of
the settlement in this matter,
IT IS HEREBY ORDERED that defendants Computer Parts Depot, Inc., a
California corporation, and Neil Mittie, an individual, (“Defendants”) along with
Defendants’ directors, principals, officers, agents, servants, employees,
representatives, successors and assigns, and all those persons or entities acting in
concert or participation with Defendants, shall be and hereby are PERMANENTLY
ENJOINED and restrained from:

28
41826-5600.0115/130026943.1

1

(a)

imitating, copying, or making any other infringing use or

2

infringing distribution of software programs, components, end user license

3

agreements (“EULA”) or items protected by Microsoft’s registered trademarks and

4

service mark, including, but not limited to, the following Trademark Registration

5

Nos.:

6

(1)

1,200,236 (“MICROSOFT”);

7

(2)

1,256,083 (“MICROSOFT”);

8

(3)

1,872,264 (“WINDOWS”);

9

(4)

2,744,843 (COLORED FLAG DESIGN);

10
11

or the software programs, components, EULA, items or things protected by
the following Certificate of Copyright Registration No.:

12

(1)

TX 5-407-055 (“Windows XP”);

13

(2)

TX-6-508-905 (“Windows Vista”);

14
15

and any other works now or hereafter protected by any of Microsoft’s
trademarks or copyrights;

16

(b)

manufacturing, assembling, producing, distributing, offering for

17

distribution, circulating, selling, offering for sale, advertising, importing,

18

promoting, or displaying any software program, component, EULA, item or thing

19

bearing any simulation, reproduction, counterfeit, copy, or colorable imitation of

20

any of Microsoft’s registered trademarks or service mark, including, but not limited

21

to, the Trademark and Service Mark Registration Nos. listed in Paragraph (a)

22

above;

23

(c)

using any simulation, reproduction, counterfeit, copy, or

24

colorable imitation of Microsoft’s registered trademarks or service mark including,

25

but not limited to, the Trademark and Service Mark Registration Nos. listed in

26

Paragraph (a) above, in connection with the manufacture, distribution, offering for

27

distribution, sale, offering for sale, advertisement, promotion, or display of any

28

software, component, EULA, item or thing not authorized or licensed by Microsoft;
41826-5600.0115/130026943.1

-2-

1

(d)

using any false designation of origin or false description which

2

can or is likely to lead the trade or public or individuals erroneously to believe that

3

any software, component, EULA, item, or thing has been manufactured, produced,

4

distributed, offered for distribution, advertised, promoted, displayed, licensed,

5

sponsored, approved, or authorized by or for Microsoft, when such is in fact not

6

true;

7

(e)

engaging in any other activity constituting an illegal distribution

8

of any Microsoft software, component, EULA, COA, item, or thing and/or

9

constituting an infringement of any of Microsoft’s trademarks, service mark and/or

10

copyrights, or of Microsoft’s rights in, or right to use or to exploit these trademarks,

11

service mark, and/or copyrights or constituting any illegal dilution of Microsoft’s

12

name, reputation, or goodwill; and

13

(f)

assisting, aiding, or abetting any other person or business entity

14

in engaging in or performing any of the activities referred to in paragraphs (a)

15

through (e) above.

16

IT IS SO ORDERED.

17
18

Dated: March 10, 2016

19

THE HONORABLE ANDRÉ BIROTTE JR.
United States District Judge

20
21
22
23
24
25
26
27
28
41826-5600.0115/130026943.1

-3-