Proposed_Order_Granting_Preliminary_Injunction_Against_Microsoft_document_filed_with_the_court_on_2_27th_1998.
40.
[Proposed] Order Granting Preliminary Injunction Against Microsoft
Corporation
Legal document filed with the court on February 27th, 1998.
Attorneys for Plaintiff
SUN MICROSYSTEMS, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
|
SUN MICROSYSTEMS, INC., a Delaware corporation, Plaintiff, v. MICROSOFT CORPORATION, a Washington corporation, Defendant. |
) ) ) ) ) ) ) ) ) ) ) |
Date: February 27, 1998 |
The motion of plaintiff Sun Microsystems, Inc. ("Sun") for a preliminary injunction against defendant Microsoft Corporation ("Microsoft") came on for hearing before this Court on February 27, 1998, in Courtroom 6 of the United States District Court, Northern District of California, San Jose Division, Judge Ronald M. Whyte, presiding. Sun was represented at the hearing by Lloyd R. Day, Jr., Esq., of Cooley Godward LLP. Microsoft was represented by Alan Ruby, Esq., of Ruby & Schofield and Terrence P. McMahon, Esq., of Orrick, Herrington & Sutcliffe LLP. Having considered the papers submitted in support of and opposition to Sun's motion, the evidence submitted and the arguments of counsel,
The Court Finds That Sun has demonstrated a strong likelihood of prevailing on the merits of its claim against Microsoft for false representation and false designation of origin (15 U.S.C. § 1125(a)) as a result of Microsoft's use of Sun's JAVA Compatible Logo, has further demonstrated that it will suffer irreparable harm if an injunction does not issue pending a trial on the merits, and that the substantial harm to Sun greatly outweighs the inconvenience to Microsoft if it is enjoined as set forth herein. Accordingly, and for good cause shown,
It Is Hereby Ordered That, Sun's motion for a preliminary injunction is Granted. It Is Further Ordered That, until final adjudication of this matter,
1. Microsoft and its officers, directors, employees, agents, representatives, publicists, subsidiaries, distributors, dealers and all others in active concert or participation with them, and all other persons and entities having actual knowledge of this Order, be and hereby are enjoined and restrained from using, directly or indirectly, Sun's JAVA Compatible Logo, or any other mark that imitates or simulates or is confusingly similar to the JAVA Compatible Logo, on or in connection with Microsoft's Software Developer's Kit for Java 2.0 ("SDKJ 2.0") or Microsoft's Internet Explorer 4.0 ("IE 4.0") until and unless each such product first passes Sun's then current compatibility test suite for the JAVATM technology.
2. With regard to any IE 4.0 and SDKJ 2.0 product that is already in the commercial sales channel, Microsoft shall immediately undertake either to withdraw the product from the commercial sales channel or to remove or sufficiently sticker, obscure or cover the JAVA Compatible Logo which appears externally on the product packaging and in any point of purchase advertising, product manuals and collateral, and internally on any splash screens and icons. Microsoft shall also immediately remove the JAVA Compatible Logo from any Microsoft Website where it appears in any location that refers to IE 4.0 or SDKJ product or has links to Web pages that refer to said products. Microsoft shall have thirty (30) days from the service of this Order to complete the foregoing and certify to the Court that it has done so.
So Ordered.
Dated:
Honorable Ronald M. Whyte
United States District Court Judge