Microsoft Corporation v. Daily Trading et al

Filing 37

JUDGMENT by Judge Andrew J. Guilford, in favor of Microsoft Corporation against Daily Trading, Navid Mohammadhashemi. Microsoft is awarded $30,000 in statutory damages against Defendants under the Copyright Act. Microsoft is awarded $4 00,000 in statutory damages against Defendants under the Lanham Act. Microsoft is awarded $12,200 in attorneys fees and costs. The total judgment against Defendants is $442,000. This judgment shall accrue interest, compounded annually, pursuant to 28 U.S.C. § 1961. Related to: Permanent Injunction 36 . (MD JS-6, Case Terminated). (twdb)

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JS-6

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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.
DAILY TRADING a/k/a
DAILYTRONIC and GOLDENSOFTS,
a business of unknown classification;
NAVID MOHAMMADHASHEMI
a/k/a NAWID
MOHAMMADHASHEMY, an
individual d/b/a DAILY TRADING,
DAILYTRONIC, and
GOLDENSOFTS; and DOES 1-5,

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Case No. 8:17-cv-00105-AG-JCG
JUDGMENT AGAINST
DEFENDANTS DAILY TRADING
A/K/A DAILYTRONIC AND
GOLDENSOFTS; NAVID
MOHAMMADHASHEMI
A/K/A NAWID
MOHAMMADHASHEMY D/B/A
DAILY TRADING,
DAILYTRONIC, AND
GOLDENSOFTS

Defendants.

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This action came before the Court, the Honorable Andrew J. Guilford, United
States District Judge presiding, on the motion of Plaintiff Microsoft Corporation
(“Microsoft”) for default judgment and a permanent injunction against defendants
Daily Trading aka Dailytronic and Goldensofts; Navid Mohammadhashemi aka
Nawid Mohammadhashemy dba Daily Trading, Dailytronic and Goldensofts

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137727464.1

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(“Defendants”). The evidence presented having been fully considered and a

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decision having been duly rendered,

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IT IS ORDERED AND ADJUDGED that,

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1.

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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Defendants have infringed the following registered trademarks and service mark

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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.

the following works:

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Defendants have also infringed Microsoft’s registered copyrights in

a.
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TX 7-009-361 (“Windows 7”); and

Defendants’ 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.

Defendants’ 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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5.

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

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Defendants’ distribution of counterfeit Microsoft software components in interstate

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commerce is an appropriate predicate upon which to base permanent injunctive

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relief against the unauthorized reproduction, replication and/or distribution by

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Defendants of any unauthorized, illegal, and/or counterfeit Microsoft items. This

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Court contemporaneously issues a separate permanent injunction.
137727464.1

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6.

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

under the Copyright Act.
7.

Microsoft is awarded $400,000 in statutory damages against

Defendants under the Lanham Act.

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8.

Microsoft is awarded $12,200 in attorneys’ fees and costs.

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9.

The total judgment against Defendants is $442,000.

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10.

This judgment shall accrue interest, compounded annually, pursuant to

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28 U.S.C. § 1961.

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January 9, 2018
DATED: _________________

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137727464.1

_________________________________
HONORABLE ANDREW J. GUILFORD
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

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137727464.1