Intellectual Property Law

Microsoft Sues Alleged Counterfeiters in Worldwide Push

By Michael Atkins

On Dec. 3, Microsoft filed 13 suits in the Western District against alleged counterfeiters.

In a press release distributed the next day, the company said the suits were part of a worldwide crackdown against counterfeiters that includes 63 actions in 12 countries.

The suits target online auction sales of a fictitious “Blue Edition” version of Microsoft products, along with allegedly counterfeit copies of Windows XP software.

In one of the suits, Microsoft Corp. v. Sandoval, Microsoft sued a seller of purported Microsoft products on eBay. Microsoft alleges its investigators purchased Office 2007 and Office 2003 from defendant’s company in an online auction. After analyzing the software it purchased, Microsoft claims it determined the software was counterfeit. Microsoft says it notified the defendant of its belief, but defendant continued selling counterfeit product. Microsoft claims violation of the Lanham Act and Copyright Act, constructive trust, and accounting.

Microsoft filed its cases in the United States (16), Germany (12), France (12), the United Kingdom (7), Argentina, Brazil, Canada, Columbia, the Dominican Republic, Japan, Mexico, and New Zealand.

The International Trademark Association applauded the suits. “Legal actions like these send an important message around the world that intellectual property infringement, wherever it occurs, is a global crime that endangers consumers as well as brand owners,” it said.

The case cite (one of 63) is Microsoft Corp. v. Sandoval, No. 08-1739 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on December 07, 2008 (boomark / email).