MetaQuotes Ltd. v. MetaQuotes Software Corp.
Opinion
Trial Court Opinion
I. BACKGROUND
Plaintiffs MetaQuotes Software Corp. (MSC) and MetaQuotes Ltd. have developed online trading platforms, which they license to brokers and end users around the world. At the end of 2020, MetaQuotes Ltd. acquired all intellectual CV-90 (12/02) CIVIL MINUTES – GENERAL Initials of Deputy Clerk JGR 1 Case 8:22-cv-00462-SB-DFM Document Filed 04/27/ Page 2 of Page ID #:543
property rights connected to MSC’s software, and Plaintiffs have used MetaQuotes Ltd. to manage their operations since 2021, although MSC still has license agreements with some customers. Plaintiffs share the same management, directors, and CEO, and both are headquartered in Cyprus. They have three trademarks registered with the United States Patent and Trademark Office: “MetaQuotes Software” and “MetaQuotes,” both registered in June 2015, and another trademark for “MetaQuotes” registered in January 2021. They also have four trademarks registered with the World Intellectual Property Organization, for “MetaTrader,” “MQL4,” “MQL5,” and “MetaTrader 5.” Plaintiffs’ license agreements and methods of charging their customers are not publicly available.