Microsoft Corporation v. Daily Trading et al
Filing
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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.
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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
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