TANDY CORP. v. PERSONAL MICRO COMPUTERS, INC.

No. C-81-0744 RFP.

524 F.Supp. 171 (1981)

TANDY CORPORATION, Plaintiff, v. PERSONAL MICRO COMPUTERS, INC.; Eaca International, Ltd.; Eaca Electronics Corp. of America Compumart; Consumer Computers Mailholder; Simutek Computer Products; Robitaille & Sons Enterprise, Inc., d.b.a. Tse Hardside; and Roger W. Robitaille, d.b.a. the Software Exchange, Defendants.

United States District Court, N. D. California.

August 31, 1981.


Attorney(s) appearing for the Case

John N. Hauser, Barry P. Goode, Jesse W. Markham, Jr., McCutchen, Doyle, Brown & Enerson, San Francisco, Cal., for plaintiff Tandy Corp.

Thomas E. Schatzel, Peter W. Gumaer, Law Offices of Thomas E. Schatzel, Santa Clara, Cal., for defendants Personal Micro Computers, EACA Intern., Ltd., EACA Electronics Corp. of America, Consumer Computers Mailholder and Simutek Computer Products.

James R. Irwin, Shider, McBroom, Gates & Baldwin, Seattle, Wash., John F. Taylor, Linda E. Stanley, Dinkelspiel & Dinkelspiel, San Francisco, Cal., for third party defendant Microsoft.


PECKHAM, Chief Judge.

Plaintiff has sued defendants, stating five causes of action: (1) copyright infringement; (2) unfair competition under federal law, pursuant to 15 U.S.C. § 1125; (3) unfair competition under state law, pursuant to Calif. Business and Prof.Code § 17200 et seq.; (4) assumpsit; and (5) interference with prospective advantage (unjust enrichment). The dispute centers around the alleged duplication of a computer program for which the...

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