SAN FRANCISCO – A software developer
alleges that a Tennessee man obtained profit through the use of infringing trademarks.
Adobe Systems Inc. filed a complaint on Nov. 9 in the U.S. District Court for the Northern District of California against
Derek Lehman and Does 1-10
alleging trademark infringement.
According to the complaint, the plaintiff alleges that the defendants were manufacturing, copying, exporting, importing, advertising, promoting, selling, and distributing counterfeit and/or unauthorized products of the plaintiff on eBay.
The plaintiff holds Lehman and Does 1-10 responsible because the defendants allegedly caused confusion among consumers by offering similar services and using the same marks as plaintiff's distinctive marks, to capitalize and receive the benefit of plaintiff's reputation and goodwill.
The plaintiff requests a trial by jury and seeks judgment against defendants, award profits from infringement, damages, restitution, asset freeze or constructive trust, destruction of the infringing materials, attorney’s fees, costs of suit and further relief as the court may deem just. It is represented by Christopher Q. Pham, Marcus F. Chaney, Nicole Drey Huerter and Hung Q. Pham of Johnson & Pham LLP in Woodland Hills.
U.S. District Court for the Northern District of California Case number 5:16-cv-06525