Apple Computer, Inc. v. Formula International Inc.

Formula International, Inc. (Formula) appeals from the district court’s grant of a preliminary injunction in favor of the plaintiff, Apple Computer, Inc. (Apple). The injunction prohibits Formula from copying computer programs having copyrights registered to Apple, from importing, selling, distributing, or advertising those copies, and from using the mark “Pineapple” or any other mark or name confusingly similar to the trademarks used by Apple. Because we find that the district court did not abuse its discretion or rely on erroneous legal premises in issuing the injunction, we affirm.

FACTS:

Formula is a wholesaler and retailer of electronic parts and electronic kits. In May 1982, Formula entered the computer market, selling a computer kit under the trademark “Pineapple.” The computer was designed to be compatible with application software written for the home computer manufactured by Apple, the Apple II. Included within Formula’s computer kit were two computer programs embodied in semiconductor devices called ROM’s (Read Only Memory). Formula concedes for purposes of appeal that the two programs are sub stantially similar to two programs for which Apple has registered…