Seattle Trademark Lawyer

On November 22, Western District of Washington Judge Marsha Pechman granted a TRO against the Open Design Alliance, a Washington corporation, over ODA’s computer-aided design (“CAD”) software. In doing so, she found that plaintiff Autodesk, Inc., had demonstrated both a strong likelihood of success on the merits and the possibility of immediate, irreparable injury from ODA’s simulation of Autodesk’s “TrustedDWG” technology.

Autodesk alleged in its motion that its software uses a proprietary file format known as “DWG” for storing user design data files, similar to the “.doc” format used for Microsoft Word files. Its motion states that Autodesk introduced the TrustedDWG authentication mechanism into its AutoCAD program to help users identify the source of Autodesk’s DWG files by adding an identifying watermark and a code of string files. Autodesk alleged that this mechanism prompts its AutoCAD program to authenticate Autodesk data files and to display the message: “Audodesk DWG. This file is a Trusted DWG last saved by an Autodesk application or Autodesk licensed application.” Autodesk argued that ODA is marketing software libraries that simulate this authentication process and display the same message when users open files created by ODA’s libraries, amounting to infringement of Autodesk’s federally-registered trademark, AUTODESK, as well as false designation of origin.

ODA states that it is an independent, non-profit corporation with 3,000 members dedicated to making DWG an open standard format for storing drawing data. ODA responds in its opposition brief that its computer utility allows otherwise incompatible design programs to read from and write to computer drawings that are saved in the .dwg format. Its brief states that since 1998 independent companies have made programming tool kits for reading and writing DWG files. It argued that the “new twist” presented in the lawsuit is Autodesk’s introduction of its TrustedDWG Technology in its AutoCAD 2007 software, which generates a warning message whenever users open a DWG file that was created on any CAD program other than Autodesk. ODA argued that ”[t]his message falsely warns the user that the DWG file may be ‘unstable,’ which can be particularly worrisome to a designer who has spent dozens or hundreds of hours creating a design.” In September, ODA announced that its DWG libraries could support Autodesk’s TrustedDWG functionality. Since that time, ODA stated, “DWG files opened in Autodesk with ODA’s newest version of its conversion utility do not generate Autodesk’s false warning message regarding instability.”

The TRO temporarily enjoins ODA from “using or simulating Autodesk’s TrustedDWG technology, including but not limited to the Autodesk watermark and/or TrustedDWG code, without Autodesk’s authorization”; and “from distributing DWGdirect libraries that use, incorporate or simulate Autodesk’s TrustedDWG technology or that otherwise insert or mimic the unauthorized Autodesk watermark and/or TrustedDWG code.” The order also requires ODA to argue in January why the TRO should not be converted into a preliminary injunction.