by Traverse Legal, reviewed by Enrico Schaefer - July 16, 2008 - i. Trademark Infringement Lawsuits
Apple has filed suit against Psystar, maker of the Mac OS X compatible Open Computer, for copyright infringement, induced copyright infringement, trademark infringement, breach of contract for a violation of its shrink-wrap End User License Agreement (EULA), trade dress infringement, and unfair competition The suit, which was filed on July 3 in the Northern District of California, stems from Psystar’s sale of computers that contain pre-installed versions of Apple’s Mac OS X Leopard operating system.
Apple’s End User License Agreement prohibits the installation of Leopard on anything but Apple hardware. Apple is claiming that Psystar’s sale of “Open Computer” computers containing the pre-install of Leopard, its offering of unauthorized Leopard updates through its website, and its use of the Apple mark in advertising diluted its trademark, infringed upon its copyright in the operating system, and violated the terms of its software license agreement. Apple also claims that Psystar’s sale of rack-mount servers containing the Leopard software is copyright and trademark infringement and a violation of the EULA.
Apple is seeking actual and statutory damages for its various causes of action, as well as a permanent injunction. You can read the complaint here courtesy of ZDNet.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
