SYMANTEC CORP. v. CD MICRO, INC.

Civil No. 02-406-KI.

286 F.Supp.2d 1278 (2003)

SYMANTEC CORPORATION, a Delaware corporation; and Quarterdeck Corporation, a Delaware corporation, Plaintiffs, v. CD MICRO, INC., an Oregon Corporation; and Vincent L. Webb, an individual, Defendants. CD Micro, Inc., an Oregon Corporation; and Vincent L. Webb, an individual, Counter Claim Plaintiffs, v. Symantec Corporation, a Delaware Corporation; and Quarterdeck Corporation, a Corporation of Delaware, Counter Claim Defendants. CD Micro, Inc., an Oregon Corporation; and Vincent L. Webb, an individual, Cross Claim Plaintiffs, v. Warner-Elektra-Atlantic Corporation, a corporation having a principal place of business in New York, NY; MRT, a corporation having a principal place of business in the City of Industry, CA; Ritek Global Media, a corporation having a principal place of business in the City of Industry, CA; Optimax, a corporation having a principal place of business in Walnut, CA; Ritek Global Media/MRT, a corporation having a principal place of business in the City of Industry, CA; and Imation, a corporation having a principal place of business in Oakdale, MN., Stargate Software, Inc., a corporation having a principal place of business in Huntington Valley, PA; Unik Associates, LLC, a limited liability corporation having a principal place of business in Wauwatosa, WI; Alchemy Computer, Inc., a corporation, dba: Global Online Deals 4 All, and Perfection.Com, Inc., a corporation, dba: Global Online Deals 4 All, both having a principal place of business in Murfreesboro, TN.; Disc Copy Labs, a corporation; PC Lab, a corporation; PC Tech, a corporation, Chris Fain an individual, Gordon Dillard an individual and Mike Golden an individual, Cross Claim Defendants.

United States District Court, D. Oregon.

September 19, 2003.


Attorney(s) appearing for the Case

Stephen S. Ford, Marger Johnson & McCollom, P.C., Portland, OR and Lawrence K. Rockwell, Eric W. Doney, William R. Hill, Julie E. Hofer, Donahue, Gallagher, Woods & Wood, LLP, Oakland, CA, for Plaintiffs Symantec Corporation and Quarterdeck Corporation.

John T. Carr, Carr Law Offices, Lake Oswego, OR, Don B. Finkelstein, Torrance, CA, for Defendants, Counter Claimants and Cross Complainants CD Micro and Vincent L. Webb.

Robert A. Graham, Jr., Grants Pass, OR, for Defendant Chris Fain.

Gordon Dillard, Grants Pass, OR, Pro Se Defendant.


OPINION

KING, District Judge.

On July 8, 2003, I granted in part Symantec Corporation's and Quarterdeck Corporation's Motion for Summary Judgment or, in the alternative, Partial Summary Judgment (# 145). I held that CD Micro, Inc., was liable for copyright infringement, trademark infringement, unfair competition under the Lanham Act, and trademark counterfeiting. I also held that Vincent Webb was vicariously liable for copyright infringement but denied summary...

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