Microsoft Corporation v. Creative Solutions et al

Filing 13

STIPULATED PERMANENT INJUNCTION. Signed by Judge Thomas M Rose on 11-15-13 (jab)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
MICROSOFT CORPORATION, a
Washington corporation,
Plaintiff
v.
CREATIVE SOLUTIONS,
a business entity of unknown form,
and
MICHAEL MOORE, as an individual
and/or doing business as CREATIVE
SOLUTIONS,
Defendants.

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Case No.:3:13-cv-00277-TMR
Judge: Thomas M. Rose

ORDER FOR STIPULATED
PERMANENT INJUNCTION AGAINST DEFENDANTS
Pursuant to the stipulation of Plaintiff Microsoft Corporation (“Microsoft”), and
Defendants Creative Solutions, a business entity of unknown form, and Michael Moore, as an
individual and/or doing business as Creative Solutions (“Defendants”),1 the Court hereby orders
that Defendants along with their directors, principals, officers, agents, servants, employees,
representatives, successors and assigns, and all those persons or entities acting in concert or
participation with them, shall be and hereby are PERMANENTLY ENJOINED and restrained
from:
(a)

unauthorized imitating and copying, or making any other infringing use or

infringing distribution of software programs, components, end user license agreements

1

The Stipulation is ECF Doc. #12.

(“EULA”) or items protected by Microsoft’s registered trademarks and service mark, including,
but not limited to, the following Trademark Registration Nos.:
(1)

1,200,236 (“MICROSOFT”);

(2)

1,256,083 (“MICROSOFT”);

(3)

1,872,264 (“WINDOWS”); and

(4)

2,744,843 (COLORED FLAG DESIGN);

or the software programs, components, EULA, items or things protected by Certificate of
Copyright Registration No. TX-6-508-905 (“Windows Vista”); and any other works now or
hereafter protected by any of Microsoft’s trademarks or copyrights;
(b)

manufacturing, assembling, producing, distributing, offering for distribution,

circulating, selling, offering for sale, advertising, importing, promoting, or displaying any
software program, component, EULA, item or thing bearing any unauthorized simulation,
reproduction, counterfeit, copy, or colorable imitation of any of Microsoft’s registered
trademarks or service mark, including, but not limited to, the Trademark and Service Mark
Registration Nos. listed in Paragraph (a) above;
(c)

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

Microsoft’s registered trademarks or service mark including, but not limited to, the Trademark
and Service Mark Registration Nos. listed in Paragraph (a) above, in connection with the
manufacture, distribution, offering for distribution, sale, offering for sale, advertisement,
promotion, or display of any software, component, EULA, item or thing not authorized or
licensed by Microsoft;
(d)

using any false designation of origin or false description which can or is likely to

lead the trade or public or individuals erroneously to believe that any software, component,

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EULA, item, or thing has been manufactured, produced, distributed, offered for distribution,
advertised, promoted, displayed, licensed, sponsored, approved, or authorized by or for
Microsoft, when such is in fact not true;
(e)

engaging in any other activity constituting an infringement of any of Microsoft’s

trademarks, service mark and/or copyrights, or of Microsoft’s rights in, or right to use or to
exploit these trademarks, service mark, and/or copyrights; and
(f)

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

performing any of the activities referred to in paragraphs (a) through (e) above.
IT IS SO ORDERED.
Dated this 15th day of November 2013.
s/Thomas M. Rose
_________________________________________
JUDGE THOMAS M. ROSE
UNITED STATES DISTRICT COURT JUDGE

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