FORT MYERS – Microsoft alleges an Estero online retailer is distributing unauthorized copies of its software.

Microsoft Corp. filed a complaint on March 27 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against Modified 360 LLC and Alexander K. Pegues alleging trademark infringement.

According to the complaint, the plaintiff alleges that the defendants advertise that the computers they sell come with Microsoft software installed, but that the computers actually come with infringing software. The plaintiff holds Modified 360 LLC and Pegues responsible because the defendants allegedly are likely to deceive consumers as to the source, origin or authenticity of the infringing materials, and received money and profits that rightfully belong to plaintiff.

The plaintiff seeks judgment against defendants; declaratory relief; enjoinder from further violation; account and pay profit from infringement; general, special, actual and statutory damages; costs of action; attorneys' fees; and additional relief as is just and proper. It is represented by Aaron S. Weiss of Carlton Fields Jorden Burt PA in Miami.

U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:17-cv-00169




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