In August 2006, Microsoft Corp. brought suit in the Western District against “John Does 1-217” for alleged cybersquatting, trademark infringement, and other trademark related causes of action. Microsoft described the unknown defendants as the “registrants, assignees, traffickers, and users of numerous Internet domain names that contain or consist of Microsoft’s marks and/or intentional misspellings of Microsoft’s marks.” Microsoft further alleged that “Defendants’ Websites contain numerous advertisements and/or hyperlinks to a variety of products and services” that enable the John Doe defendants to profit from their infringement. The marks defendants allegedly infringe include the registered marks HALO, MICROSOFT, MS, MSN, WINDOWS, WINDOWS XP, XBOX, and XBOX LIVE.
After conducting third-party discovery, Microsoft amended its complaint to name defendants Sule Garba of Shaker Heights, Ohio; Darin Grabowski of Oak Creek, Wisconsin; and Yi Ning of Boston.
On April 11, Western District Judge Ricardo Martinez entered a Stipulated Order Entering Permanent Injunction enjoining Mr. Ning from using or infringing Microsoft’s marks or registering domain names that are identical or confusingly similar to Microsoft’s marks. The order does not dismiss Microsoft’s claims against Mr. Ning but such claims presumably will be dismissed in due course. The stipulated order does not affect Microsoft’s claims against the remaining defendants.
The case is Microsoft v. Garba, No. 06-1192.