U.S. News | Microsoft Sues Creators of Mass-Spamming Bots for Trademark Infringement

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Microsoft has filed a lawsuit in the U.S. District Court of Eastern District of New York against unnamed actors for using and creating the Necurs botnet which sends spam emails and had infected millions of devices.

Microsoft alleges that the Necurs botnet, a large network of computers deliberately infecting millions of devices and capable of sending a massive volume of spam, and is one of the largest bodies of infrastructure in the spam email threat ecosystem has caused lots of damages to its reputation.

The plaintiff reportedly said that the defendants used Necurs to send spam email, install malicious software, steal financial account information, funds and personal information from at least nine million individuals.

“Once a computing device is infected, the Windows operating system ceases to operate normally and is transformed into tools of deception and theft. But Windows still bears Microsoft’s trademarks. This is obviously meant to and does mislead Microsoft’s customers, and it causes extreme damage to Microsoft’s brands and trademarks,” Microsoft reportedly said.

Microsoft reportedly said that Necurs severely damages the computing devices it infects thereby making low-level changes to the operating system and degrades the primary security defence of the device.

Microsoft is seeking a declaration that the defendants’ conduct has been willful and that defendants have acted with fraud, malice, and oppression; a permanent injunction giving Microsoft control over the domains used by defendants and damages adequate to compensate Microsoft.

The case is pending.

Microsoft Corp. v. John Does 1-2

Judge:Lashann Dearcy Hall
Court:New York Eastern District Court
Case #:1:20-cv-01217
Nature of Suit:Trademark
Cause:Trademark Infringement
Case Filed:March 05, 2020

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About Nathaniel Adebayo 595 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com

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