Microsoft Corporation v. Marturano
United States District Court for the Eastern District of California
2009 WL 1530040 (2009)
Microsoft Corporation (plaintiff) sued John Marturano (defendant) in the United States District Court for the Eastern District of California for trademark infringement and counterfeiting under the Lanham Act and for copyright infringement under the Copyright Act. Microsoft’s complaint alleged that Marturano had installed and distributed unauthorized copies of Microsoft’s copyrighted Windows XP Pro software and used Microsoft trademarks regarding the copied software. The complaint further alleged that Microsoft sent a letter to Marturano in 2002 requesting that he cease his activities but that in 2006, Marturano distributed counterfeit Windows XP Pro software to an investigator. Microsoft alleged that the infringement was willful and that it constituted not an isolated incident but instead a part of Marturano’s continuous business practices. Marturano failed to answer Microsoft’s complaint. Microsoft therefore moved for a default judgment and a permanent injunction, seeking $360,778.60 in damages. The matter was referred to a federal magistrate judge for a report and recommendation.
Rule of Law
Holding and Reasoning (Austin, J.)
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