Adobe Systems Inc. v. Canus Productions, Inc.

ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT AND PERMANENT INJUNCTION

This matter comes before the Court on the plaintiffs motion for partial summary judgment and a permanent injunction. After reviewing and considering the materials submitted by the parties, and hearing oral argument, the Court adopts the following order.

I. Background

Adobe Systems Incorporated (“Adobe”) is a leading software development and publishing company. The defendants Ca-nus Productions, Inc., National Productions, Inc., and Computer Marketplace (collectively “National”) are the proprietors of a number of weekly computer fairs located primarily in southern California. Defendant Robert Kushner (“Kushner”) is the founder and president of National. In this case, under the principles of vicarious liability and contributory infringement, Adobe seeks to hold National and Kushner hable for the sale of unauthorized Adobe software by vendors at National’s computer shows.

National’s computer shows offer computer hardware and software through individual vendors, each of whom contracts with National to secure a booth at the shows. National’s larger shows, such as the Pomona Computer Fair, average up to…