Sun Microsystems, Inc. v. Microsoft Corp.

'ORDER RE SUN’S MOTION FOR PRELIMINARY INJUNCTION AGAINST MICROSOFT

The motion of plaintiff Sun Microsystems, Inc. for a preliminary injunction was heard on February 27, 1998. The court has read the moving and responding papers and heard the oral argument of counsel. For the reasons set forth below, the court grants Sun’s motion for a preliminary injunction.

I. BACKGROUND

Plaintiff Sun Microsystems, Inc. (“Sun”) brings this action against defendant Microsoft Corporation (“Microsoft”), alleging that Microsoft breached the Technology License and Distribution Agreement (“TLDA”) pursuant to which Microsoft licensed Sun’s JAVA™ Technology. Sun also contends that Microsoft has violated the trademark license provisions of the TLDA which grant Microsoft the right to use Sun’s “JAVA Compatible” trademark provided that Microsoft’s products pass certain compatibility tests. Sun alleges that Microsoft is infringing Sun’s “JAVA Compatible” trademark by distributing products bearing the trademark that do not satisfy the TLDA requirements. Sun now seeks to preliminarily enjoin Microsoft from using the “JAVA Compatible” trademark on Microsoft’s Internet Explorer 4.0 (“IE 4.0”) and Software…