Symantec Granted $3.1 Million Judgment in Software Piracy Case.CUPERTINO, Calif. -- Symantec Corporation (Nasdaq:SYMC SYMC Symantec Corporation (stock symbol) ), the global leader in information security, today announced it has been granted a default judgment of $3.1 million against Sam Jain Jain Shaileshkuma (born February 10, 1970) better known as Sam Jain was an internet entrepreneur and CEO of affiliate marketing network eFront. In 2000, eFront submitted fraudulent data to Media Metrix, a website ranking publisher. for selling counterfeit Symantec software and violating Symantec's intellectual property rights. Specifically, the judgment, handed down by the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. for the Central District of California, found in favor of Symantec against Jain for trademark infringement Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). , copyright infringement Noun 1. copyright infringement - a violation of the rights secured by a copyright infringement of copyright plagiarisation, plagiarization, piracy, plagiarism - the act of plagiarizing; taking someone's words or ideas as if they were your own , false designation of origin, and unfair competition. In addition, the Court enjoined Jain and anyone acting in concert with him from infringing Symantec's intellectual property rights again in any way or from further misleading consumers in the future by using representations or imitations of genuine Symantec trademarks, service marks or copyrighted materials. "Of all the software piracy The illegal copying of software for distribution within the organization, or to friends, clubs and other groups, or for duplication and resale. The software industry loses billions of dollars each year to piracy, and although it may seem innocent enough to install an application on a cases we've been involved with so far, this one in particular posed a number of serious threats to our customers and consumers at large," said William Plante, director of Corporate Security and the Brand Protection Task Force for Symantec. "Jain and his cohorts used pop-up ads and false or misleading advertising to harass, confuse and deceive unsuspecting consumers into purchasing counterfeit software. We're particularly gratified grat·i·fy tr.v. grat·i·fied, grat·i·fy·ing, grat·i·fies 1. To please or satisfy: His achievement gratified his father. See Synonyms at please. 2. with this judgment." The award concluded legal action Symantec filed against Jain and others in April 2004. In the suit, Symantec alleged that Jain and his co-defendants used pop-up ads that misled consumers into believing that their Symantec software was about to expire and needed to be renewed to maintain functionality. Symantec also alleged that some of the pop-up ads re-directed unsuspecting consumers to a Web site selling the defendant's own software. Finally, Jain, working under names like Greatbizdeals.com, DiscountBob.com and Buysmarter.com, also sent out thousands of spammed e-mails that advertised counterfeit Symantec software at extremely discounted prices. The e-mails included links to the aforementioned Web sites. Products involved included Norton SystemWorks, Norton AntiVirus A popular antivirus program from Symantec. The AntiVirus function is available as a separate product for home and business users or as part of various packages that contain other utilities such as Norton SystemWorks and Norton Internet Security. See Norton Utilities. , Norton Ghost and pcAnywhere. Jain avoided being served with papers regarding the case for several months by leaving the country, and did not respond to the suit until the court granted Symantec's motion for service by alternative means. He later claimed he believed he had never been properly served. However, depositions disclosed that Jain had knowledge and was told about the case by one of his parents and had discussed the case all along with his attorney and at least one of his business colleagues, co-defendant James Reno. The court called Jain's actions a "cynical and intentional manipulation" of the proceedings. The judgment follows similar results achieved by Symantec against Papa B Enterprises in June 2004, Maryland Internet Marketing (MIM MIM Metal Injection Molding MIM Mendelian Inheritance in Man MIM Mobile Instant-Messaging MIM Man in the Middle MIM Multilateral Initiative on Malaria MIM Metal-Insulator-Metal MIM Master of International Management MIM Made in Mexico ) in December 2003, eCommerce in October 2003 and CD Micro in September 2003. In the case of Maryland Internet Marketing, Symantec obtained a $3 million stipulated judgment and permanent injunction permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. against MIM for selling counterfeit Symantec software. Maryland Internet Marketing CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. George Moore was required to personally pay $300,000 to Symantec as part of that settlement. Symantec also settled litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. against eCommerce for a significant monetary payment and an injunction that permanently barred eCommerce from selling unauthorized Symantec-labeled software, specifically in the form of spammed e-mail. eCommerce was offering counterfeit Symantec products via spammed e-mail at grossly reduced prices under the Web site heading of PerfectCollectibles.com. Finally, the court awarded Symantec a judgment of more than $10 million against CD Micro and its CEO Vince Webb for the sale of counterfeit Symantec software. About Symantec Symantec is the global leader in information security providing a broad range of software, appliances and services designed to help individuals, small and mid-sized businesses, and large enterprises secure and manage their IT infrastructure. Symantec's Norton brand of products is the worldwide leader in consumer security and problem-solving solutions. Headquartered in Cupertino, Calif., Symantec has operations in more than 35 countries. More information is available at http://www.symantec.com. NOTE TO EDITORS: If you would like additional information on Symantec Corporation and its products, please view the Symantec Press Center at http://www.symantec.com/PressCenter/ on Symantec's Web site. All prices noted are in US dollars and are valid only in the United States. Symantec and the Symantec logo are trademarks or registered trademarks, in the United States and certain other countries, of Symantec Corporation. Additional company and product names may be trademarks or registered trademarks of the individual companies and are respectfully acknowledged. |
|
||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion