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