SAN FRANCISCO – A San Jose software company is suing a Tennessee man, alleging that he unlawfully distributed counterfeit software copies on computers he sold.
Adobe Systems filed a complaint on Feb. 12 in the U.S. District Court Northern District of California against Gagan Rajput and Does 1-10, citing unlawful, unfair and fraudulent business practices; trademark dilution; and other counts.
According to the complaint, the plaintiff alleges that on Jan. 6, 2012, it purchased an Apple Macbook Pro computer from the defendant on eBay. The suit states that the defendant claimed the computer had Adobe software included, but upon inspection of the product, the plaintiff allegedly confirmed that the software contained were counterfeit copies. The suit states that the plaintiff sent a cease and desist letter to the defendant in March 2013, and a settlement agreement was entered into in April 2013 that enjoined the defendant from copying, downloading or selling any software that contained Adobe's copyrights or trademarks.
According to the suit, Rajput breached this agreement. Adobe alleges that it purchased another computer on eBay from the defendant's store on April 1, 2015, that had counterfeit and unauthorized Adobe software.
The plaintiff seeks the following: compensation for all damages including monetary, injunctive, interest, attorney's fees, costs of the suit and any other relief this court deems just and proper. They are represented by Christopher Q. Pham, Marcus F. Chaney and Jason R. Vener of Johnson & Pham LLP in Woodland Hills.
U.S. District Court Northern District of California Case number 3:16-cv-00754-JD