On Tuesday, January 17, Microsoft Corporation filed a complaint (Case Number: 2:2017cv00347) against M. Media at the United States District Court for the Central District of California, for alleged copyright and trademark infringement.
Microsoft alleges that M. Media, which operates under the name Metro Media and QuinMart sold unauthorised copies of Microsoft software despite being warned of the consequences of infringing its copyright and trademark.
Defendants indicate that they are distributing genuine Microsoft items. However, the Microsoft software and/or related components distributed by defendants are actually counterfeit and infringing, Microsoft stated in its complaint.
According to Microsoft, there have been suspicions since 2010 about the unauthorized selling of Microsoft products, but in August of 2016, the company had those suspicions confirmed when M. Media distributed an infringing product to an investigator.
In September 2016, M. Media also distributed a purported Windows 7 certificate of authenticity label, which was allegedly analyzed and determined to be counterfeit.
Microsoft added: “Microsoft has been harmed by defendants’ activities, including their advertising activities and unauthorised use of Microsoft’s copyright-protected material, and the unauthorised use of Microsoft’s marks to describe the items that defendants are distributing.”
Microsoft is seeking an injunctive relief and damages for the infringment. It has also asked the court to enter a judgment on grounds that M. Media has infringed its trademarks and copyright through false and misleading representation of Microsoft.