Sony Computer Entertainment Inc. v. Connectix Corp.

ORDER ON MOTION FOR PRELIMINARY INJUNCTION

Now before the court is plaintiffs motion for a preliminary injunction. On Jan uary 27, 1999 plaintiff Sony filed its complaint alleging copyright infringement and other causes of action against defendant Connectix Corporation. Since that date, Sony made two applications for temporary restraining orders against Connectix’ product, the Virtual Game System (“VGS”). This court granted the second application for a temporary restraining order, for the reasons stated on the record in open court on March 11, 1999.- After expedited discovery by the parties, the present motion was filed. Sony has also amended its complaint, but this motion for a preliminary injunction is evaluated in the context of plaintiffs original complaint.

Sony asserts that it is likely to prevail on three claims — copyright infringement, circumvention of technological protection measures, and trademark dilution. For purposes of this motion, the central allegation is copyright infringement. Sony argues that in developing its VGS, Connectix unlawfully copied and used Sony’s BIOS code. While Sony concedes that the completed VGS machine does not now contain any of plaintiffs…