Case 2:07-cv-04213-R-FFM Document 21 1 2 3 4 5 6 7 8 Filed 03/04/08 Page 1 of 4 Page ID #:75 Audra M. Mori, Bar No. 162850 Katherine M. Dugdale, Bar No. 168014 Jennifer N. Chiarelli, Bar No. 212253 PERKINS COIE LLP 1620 26th Street Sixth Floor, South Tower Santa Monica, CA 90404-4013 Telephone: 310.788.9900 Facsimile: 310.788.3399 AMori@perkinscoie.com KDugdale@perkinscoie.com JChiarelli@perkinscoie.com Attorneys for Plaintiff MICROSOFT CORPORATION 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 JUDGMENT AGAINST DEFENDANTS ALL-VALLEY COMPUTER, INC. AND GLENN SOMERVELL Plaintiff, v. ALL-VALLEY COMPUTER, INC., a California corporation; and GLENN SOMERVELL, an individual, Defendants. 18 19 Case No. CV07-4213-R (FFMx) MICROSOFT CORPORATION, a Washington corporation, This action came for decision before the Honorable Manuel L. Real, United States District Judge presiding, on the motion of Plaintiff Microsoft Corporation ("Microsoft") for default judgment and a permanent injunction against Defendants All-Valley Computer, Inc., a California corporation, and Glenn Somervell, an individual. The evidence presented having been fully considered and a decision having been duly rendered, IT IS ORDERED AND ADJUDGED that 28 41826-5196/LEGAL14033532.1 -1- Case 2:07-cv-04213-R-FFM Document 21 1 1. Filed 03/04/08 Page 2 of 4 Page ID #:76 By their unauthorized distribution of Microsoft's trademarks and 2 service mark in commerce and in connection with Microsoft Office Professional 3 Edition 2003 software, Defendants have willfully infringed the following 4 trademarks and service mark owned by Microsoft: 5 (a) 1,200,236 ("MICROSOFT"); 6 (b) 1,256,083 ("MICROSOFT"); 7 (c) 1,475,795 ("POWERPOINT"); 8 (d) 1,741,086 ("MICROSOFT ACCESS"); 9 (e) 2,188,125 ("OUTLOOK"); and 10 (f) 2,999,281 (COLOR FOUR SQUARE LOGO). 11 12 2. Defendants' actions have also resulted in the willful infringement of Microsoft's registered copyrights in the following works: 13 (a) TX 5-837-617 ("Office Professional 2003"); 14 (b) TX 5-837-636 ("Office Excel 2003"); 15 (c) TX 5-900-087 ("Office Outlook 2003"); 16 (d) TX 5-852-649 ("Office PowerPoint 2003"); 17 (e) TX 5-837-618 ("Publisher 2003"); 18 (f) TX 5-900-088 ("Office Word 2003"); 19 (g) TX 5-877-513 ("Business Contact Manager for Outlook 2003"); 20 (h) TX 5-901-713 ("Office Access 2003"). 21 3. Defendants' use of Microsoft's marks has resulted in the placement in 22 commerce of items that are strikingly similar to genuine Microsoft, or Microsoft- 23 licensed, items which are or were likely to cause confusion, mistake or deception in 24 the market as to the source of those items. 25 4. Defendants' distribution of infringing Microsoft software constitutes 26 violations of federal law, 15 U.S.C. ? 1125 et seq., and California common law 27 prohibiting unfair competition. 28 41826-5196/LEGAL14033532.1 -2- Case 2:07-cv-04213-R-FFM Document 21 1 5. Filed 03/04/08 Page 3 of 4 Page ID #:77 Defendant Glenn Somervell had both the right and the ability to 2 supervise the infringing activity and received a financial benefit from such activity. 3 As the moving force behind the company, he is personally liable under the federal 4 copyright and trademark laws for infringement of Microsoft's intellectual property 5 rights. 17 U.S.C. ? 101 et seq.; 15 U.S.C. ? 1051 et seq. 6 6. The likelihood of confusion that existed in this instance by virtue of 7 Defendants' distribution of infringing Microsoft software in interstate commerce is 8 an appropriate predicate upon which to base permanent injunctive relief against the 9 unauthorized reproduction, replication and/or distribution by Defendants of any 10 unauthorized, illegal, and/or counterfeit Microsoft items. This Court 11 contemporaneously issues a separate permanent injunction. 12 13 14 15 16 17 18 19 20 21 7. Microsoft is awarded $240,000 in statutory damages against Defendants, jointly and severally, under the Copyright Act. 8. Microsoft is awarded $500,000 in statutory damages against Defendants, jointly and severally, under the Lanham Act. 9. Microsoft is awarded $6,027.60 in attorneys' fees and costs against Defendants, jointly and severally. 10. The total judgment against Defendants, jointly and severally, is $746,027.60. 11. This judgment shall accrue interest, compounded annually, pursuant to 28 U.S.C. ? 1961. 22 23 24 DATED: March 4, 2008 ____________________ 25 HON. MANUEL L. REAL United States District Judge 26 27 28 41826-5196/LEGAL14033532.1 -3- Case 2:07-cv-04213-R-FFM Document 21 Filed 03/04/08 Page 4 of 4 Page ID #:78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41826-5196/LEGAL14033532.1 -4-