Cybermedia, Inc. v. Symantec Corp.

Good Law

19 F. Supp. 2d 1070·1998 WL 575124·48 U.S.P.Q. 2d (BNA) 1335·1998 U.S. Dist. LEXIS 13854

United States District Court, Northern District of CaliforniaSeptember 4, 1998C-98-20113-JF(EAI)California5,754 words

Opinion

Fogel, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Plaintiffs motion for preliminary injunction was heard on July 13, 1998 and again, following supplemental briefing, on August 28, 1998. For the reasons discussed below, Plaintiffs motion is granted.

I. BACKGROUND

Plaintiff CyberMedia, Inc. (“CyberMedia”) is a computer software manufacturer. Its products include a computer cleanup program called Uninstaller, which allows users to remove unwanted applications, files and other clutter from their computers.

Defendant Symantec Corporation (“Sym-antec”) also manufactures computer software. Among its products is a program called Norton Uninstall Deluxe (“NUD”), a computer cleanup program marketed in direct competition with CyberMedia’s Uninstaller. Symantec acquired NUD from co-defendant ZebraSoft, Inc. (“ZebraSoft”), a software development company which created NUD for Symantec pursuant to contract.

This action arises from CyberMedia’s allegations that Symantec’s NUD product infringes CyberMedia’s copyright in its Uninstaller product. In particular, CyberMedia alleges that the ZebraSoft employees who created NUD previously worked on Uninstaller, and that these ZebraSoft…

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