Microsoft Corp. v. Very Competitive Computer Products Corp.

A hearing on plaintiffs Motion for a Preliminary Injunction was held on March 12, 1987 at 4 o’clock p.m. (continuing on March 13, 1987 at 11 o’clock a.m.). Counsel appeared on behalf of plaintiff Microsoft Corp. and defendants Very Competitive Computer Products dba VCCP (erroneously sued as Very Cheap Computer Parts, Inc.), Wetex International (USA) Corp., and Quadrant Components.

A party alleging copyright infringement is entitled to injunctive relief. 17 U.S.C. § 502. Injunctive relief may be granted regarding infringing activity that occurred prior to copyright registration. H.R.Rep. No. 1476, 94th Cong., 2d Sess. [1976] reprinted in U.S.Cong. & Admin. News 1976, pp. 5659, 5774.

In this circuit a party seeking a preliminary injunction must demonstrate either (1) a likelihood of success on the merits and the possibility of irreparable injury, or (2) the existence of serious questions going to the merits and the balance of hardships tipping in the moving party’s favor. Oakland Tribune, Inc. v. The Chronicle Publishing Co., 762 F.2d 1374, 1376 (9th Cir.1985). “These two formulations represent two points on a sliding scale in which the required degree of irreparable harm…