On July 13, Microsoft Corp. obtained a default judgment and permanent injunction in the District of New Jersey against Julio Gonzales for distributing infringing Microsoft software through his company, JFG TEK Computers.
Microsoft obtained the monetary damages it asked for: $844,742.85 in “statutory” damages, attorney’s fees, and costs, though the order does not say whether the damages stem from violations of the Copyright Act, the Lanham Act, or both. Mr. Gonzales is now permanently enjoined from, among other things, “imitating, copying or making any other infringing use or infringing distribution of software programs, components, end user license agreements, certificates of authenticity, or items protected by Microsoft’s registered trademarks and service mark….”
Microsoft’s complaint reveals its m.o. was the same as in its other default judgment cases (such as those discussed here and here): it suspected that Mr. Gonzales was advertising, marketing, installing, and selling software covered by Microsoft’s registered copyrights and bearing Microsoft’s registered trademarks or imitations thereof; it notified Mr. Gonzales about its belief; Mr. Gonzales disregarded the notice; and Microsoft used an investigator to purchase a computer system that contained infringing WINDOWS XP PRO and OFFICE 2003 PRO software. Having confirmed its suspicions, Microsoft then brought suit, Mr. Gonzales did not respond, so Microsoft moved for and obtained a default judgment. It’s becoming a familiary story.
The case cite is Microsoft Corp. v. Gonzales, 2007 WL 2066363, No. 06-04331 (D. N.J.).