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Microsoft Corporation has filed suit against a local businessman,
alleging that he has infringed on the company's copyrights and
trademarks. In a 22 page complaint filed in United States District
Court of the Western District of Virginia in Danville, Microsoft
alleges that Thomas Martinette, trading as ABC Rentals & Computers, has
distributed infringing Microsoft software, despite the fact that
Microsoft requested that he cease and desist from such conduct.
A lawyer for Microsoft, Sharon Cates, said the company is seeking a
permanent injunction to prevent Martinette from continuing to infringe
on their products.
She explained that Microsoft advertises, markets, distributes and
licenses its software under the trademarks and service mark by which
its software is distinguished from the software or products of others
in the same field or related fields, and because of the company's
exclusive use of these trademarks they have come to mean, and are
understood by customers, end users and the public to signify, software
or services of Microsoft.
For Martinette to offer, advertise, market, install or distribute
their products it is likely to cause confusion, mistake or deception as
to the source, origin or authenticity of the materials, the filing
notes.
"Further, Defendant's activities are likely to lead the public to
conclude, incorrectly, that the infringing materials that Defendant is
advertising, marketing, installing, or distributing originate with or
are authorized by Microsoft, to the damage and harm of Microsoft, its
licensees and the public."
"We are trying to protect our consumers and our legitimate dealers,"
Cates said. She added that if customers have questions about the
whether their products are genuine or counterfeit they may call
1-800-RULEGIT or access the internet at
www.howtotel.com.
This week's filing points out that in or about October 2006, Martinette
distributed to an investigator computer systems with infringing Windows
XP Pro and Office Pro 2003 software. In a letter dated December 28,
2006 the company notified Martinette that Microsoft had received
reports that he was distributing computer systems with infringing
Microsoft software and demanded that he cease and desist and also
provided him with information on how to avoid future infringement.
But in or about March 2007 Martinette distributed to an investigator a
computer system with infringing Office Pro 2007 software.
"On information and belief, these are not isolated incidents,"
according to the complaint.
Microsoft is seeking an injunction and damages, as well as recovery of
its attorneys' fee and costs of the suit.