Microsoft has filed a lawsuit in the Southern District of Florida against Office Solutions USA LLC for trademark infringement over the defendants’ purported sale of infringing Microsoft software to consumers.
The plaintiff alleges that the defendant is a distributor of black-market access devices to Microsoft software’s sold to consume who believe that the defendants are licensed distributors and that they are purchasing legitimate Microsoft software.
According to the complaint, the defendants instruct their customers to acquire, install, and activate copies of Microsoft software with the access devices.
The plaintiff reportedly said that the defendants used its trademarks and trade dress in the marketing and sales material without Microsoft’s permission in order to deceive consumers to believing that the software is genuine and licensed.
The plaintiff reportedly said that the defendants have financially benefited from their alleged copyright and trademark infringement via their sale of unauthorized access devices.
The plaintiff reportedly accused the defendants of contributory copyright infringement, trademark infringement, false designation of origin, false and misleading representations and descriptions of fact, and trade dress infringement.
Microsoft is seeking a declaratory judgment in its favor; to permanently restrain and enjoin the defendants from further unlawful conduct, an award for damages; to impound all infringing software, product activation keys, and other related items; for the ill-gained profits to be held in a trust; an award for damages; an award for costs and fees; and other relief.
The case is ongoing.
Microsoft, Inc. v. Office Solutions USA LLC et al
|Judge:||Cecilia M Altonaga|
|Court:||Florida Southern District Court|
|Nature of Suit:||Trademark|
|Case Filed:||Nov 02, 2020|