Symantec Corporation, a Delaware corporation v. Johns Creek Software Inc., a Georgia corporation; Stephen Cheatham, an individual, and Does 1 through 10
Published: Aug. 31, 2013 | Result Date: Oct. 1, 2012 | Filing Date: Jan. 1, 1900 |Case number: 4:11-cv-03146 Settlement – Equitable Settlement
Court
USDC Northern
Attorneys
Plaintiff
Jennifer L. Barry
(Latham & Watkins LLP)
Defendant
Roger I. Teich
(Law Office of Roger I. Teich)
Facts
Symantec Corp. sued Johns Creek Software Inc. and Stephen Cheatham alleging, among others, copyright and trademark infringement in connection with Symantec's Norton brand.
Symantec asserted several causes of action, including violations of the Lanham Act for trademark infringement, unfair competition/false designation of origin, and cybersquatting as well as copyright infringement, trafficking in counterfeit labeling/packaging, unfair competition, common law trademark infringement and common law unfair competition.
Contentions
PLAINTIFFS' CONTENTIONS:
Johns Creek operated multiple websites that purport to sell Symantec products, including, among others: nortons.com, nortonsexpert.com, nortontechsupport.com, nortonhelp.com, nortongsoftwaredirect.com and mynortonstore.com. Symantec also claimed that Johns Creek sold counterfeit Norton products by improperly distributing product keys and burning fake CDs containing software with fake Symantec labels.
Result
The parties agreed to a settlement whereby defendants were permanently enjoined from the further use of Symantec's trademarks and copyright. The court also ordered the transfer of multiple domain names to Symantec as part of the settlement.
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