Softman Products Co., LLC v. Adobe Systems, Inc.

ORDER RE APPLICATION FOR PRELIMINARY INJUNCTION

This matter comes before the Court on the counter-claimant Adobe’s application for a preliminary injunction. After reviewing and considering the materials submitted by the parties, and hearing oral argument, the Court adopts the following order.

I. Background

The counter-claimant Adobe Systems Inc. (“Adobe”) is a leading software development and publishing company. The counter-defendant SoftMan Products Company (“SoftMan”) is a Los Angeles-based company that distributes computer software products primarily through its web site, www.buycheapsoftware.com. Adobe alleges that since at least November 1997, SoftMan has distributed unauthorized Adobe software, including Adobe Educational software and unbundled Adobe “Collections.” By distributing the individual pieces of Adobe Collections, Adobe contends that SoftMan is infringing Adobe’s copyright in these products and violating the terms of Adobe’s licenses. While SoftMan agrees that it is breaking apart various Adobe Collections and distributing the individual pieces of them as single products, SoftMan claims that it is entitled to distribute Adobe software in this manner. There is no…