Autodesk, Inc. v. Dassault Systèmes Solidworks Corp.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S AND DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT

INTRODUCTION

In this trademark action, plaintiff Auto-desk, Inc. and defendant Dassault Systémes SolidWorks Corporation both move for summary judgment. After considering massive briefing and oral argument, plaintiffs October 19 motion is Granted and both defendant’s and plaintiffs October 29 motions are Granted in part and Denied in part.

STATEMENT

Plaintiff Autodesk, Inc. commenced this action against defendant SolidWorks for unfair competition, false designation of origin, false advertising, trademark infringement and trade-dress infringement under the Lanham Act, as well as unfair business practices, deceptive business practices, unlawful business practices, and deceptive, false, and misleading advertising under California law.

Plaintiff is a leader in the field of computer-aided design (“CAD”) software. This is used in design applications by architects, engineers, manufacturers, and others. AutoCAD software is used to create and document designs and visualize, simulate, and analyze real-world performance early in the design process by creating prototypes in digital format.…