Microsoft Corp. v. Online DataLink Computer, Inc., 2008 U.S. Dist. LEXIS 36992 (May 6, 2008).
Facts:
Microsoft claims copyright and patent infringement against Online Datalink based on Datalink’s distribution of computer systems with software copyrighted by Microsoft and including Microsoft’s registered trademark in March 2007. Microsoft directed a ‘cease and desist’ letter to Datalink informing it of the infringing activity. An officer of Datalink spoke with Microsoft officials concerning the letter and the infringement subsequent to this notice. In May 2007, Datalink again distributed computer software containing registered Microsoft trademarks and copyrights.
Procedural History:
Defendants were served with process on June 27, 2007. Default was entered against them on September 6, 2007. Defendants made no answer to the complaint, and on February 1, 2008, Microsoft filed a motion for default judgment and permanent injunction against the defendants.
Holding: Default judgment and permanent injunction granted because Microsoft adequately alleges the proper elements of copyright and trademark infringement and the defendants have made no answer to the complaint.
Analysis:
The facts alleged in the complaint are taken as true because no answer was filed by defendant. Although not reproduced in the opinion, Microsoft alleges infringement of the exclusive rights of reproduction and distribution through Datalink’s distribution of software registered by Microsoft. Furthermore, trademark is infringed by the use of Microsoft’s actual mark on a product not authorized for distribution by Microsoft. The Court grants statutory damages authorized under the Copyright Act and the Lanham Act because the ability to prove actual damages is held by the defendants and unavailable to plaintiffs. A court will award authorized statutory damages and permanent injunction against infringement where a plaintiff does not answer a complaint because failure to provide relief would leave the copyright and/or trademark owner without the prospect of relief.
Facts:
Microsoft claims copyright and patent infringement against Online Datalink based on Datalink’s distribution of computer systems with software copyrighted by Microsoft and including Microsoft’s registered trademark in March 2007. Microsoft directed a ‘cease and desist’ letter to Datalink informing it of the infringing activity. An officer of Datalink spoke with Microsoft officials concerning the letter and the infringement subsequent to this notice. In May 2007, Datalink again distributed computer software containing registered Microsoft trademarks and copyrights.
Procedural History:
Defendants were served with process on June 27, 2007. Default was entered against them on September 6, 2007. Defendants made no answer to the complaint, and on February 1, 2008, Microsoft filed a motion for default judgment and permanent injunction against the defendants.
Holding: Default judgment and permanent injunction granted because Microsoft adequately alleges the proper elements of copyright and trademark infringement and the defendants have made no answer to the complaint.
Analysis:
The facts alleged in the complaint are taken as true because no answer was filed by defendant. Although not reproduced in the opinion, Microsoft alleges infringement of the exclusive rights of reproduction and distribution through Datalink’s distribution of software registered by Microsoft. Furthermore, trademark is infringed by the use of Microsoft’s actual mark on a product not authorized for distribution by Microsoft. The Court grants statutory damages authorized under the Copyright Act and the Lanham Act because the ability to prove actual damages is held by the defendants and unavailable to plaintiffs. A court will award authorized statutory damages and permanent injunction against infringement where a plaintiff does not answer a complaint because failure to provide relief would leave the copyright and/or trademark owner without the prospect of relief.