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Intellectual Property
Trademark Infringement
Copyright Infringement

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)

Perry J. Viscounty

David D. Troutman


Defendant

Roger I. Teich
(Law Office of Roger I. Teich)

Howard Neu

James E. Doroshow

Curtis E. Smolar

Erin D. Vivion

Michael L. Rodenbaugh


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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