About: SoftMan Products Co. v. Adobe Systems Inc.     Goto   Sponge   NotDistinct   Permalink

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SoftMan Products Co. v. Adobe Systems Inc. was a lawsuit heard in the U.S. District Court for the Central District of California in 2001 by Judge Dean D. Pregerson. Adobe Systems contended in a counterclaim that the original plaintiff, SoftMan, distributed unauthorized Adobe software, specifically Adobe Educational software and sold individual units the software titles that were purchased from Adobe as a single boxed "Collection". Adobe claimed that these actions are infringing Adobe's copyright and violate Adobe's terms of service. Adobe also alleged SoftMan of trademark violation by distributing incomplete versions of their software.

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  • SoftMan Products Co. v. Adobe Systems Inc. (en)
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  • SoftMan Products Co. v. Adobe Systems Inc. was a lawsuit heard in the U.S. District Court for the Central District of California in 2001 by Judge Dean D. Pregerson. Adobe Systems contended in a counterclaim that the original plaintiff, SoftMan, distributed unauthorized Adobe software, specifically Adobe Educational software and sold individual units the software titles that were purchased from Adobe as a single boxed "Collection". Adobe claimed that these actions are infringing Adobe's copyright and violate Adobe's terms of service. Adobe also alleged SoftMan of trademark violation by distributing incomplete versions of their software. (en)
name
  • SoftMan Products Co. v. Adobe Systems (en)
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subsequent actions
  • none (en)
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court
  • United States District Court for the Central District of California (en)
full name
  • SoftMan Products Company, LLC v. Adobe Systems Inc., et al. (en)
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  • SoftMan Products Co. v. Adobe Systems Inc. was a lawsuit heard in the U.S. District Court for the Central District of California in 2001 by Judge Dean D. Pregerson. Adobe Systems contended in a counterclaim that the original plaintiff, SoftMan, distributed unauthorized Adobe software, specifically Adobe Educational software and sold individual units the software titles that were purchased from Adobe as a single boxed "Collection". Adobe claimed that these actions are infringing Adobe's copyright and violate Adobe's terms of service. Adobe also alleged SoftMan of trademark violation by distributing incomplete versions of their software. Judge Pregerson ruled that Adobe has sold its software instead of licensed the software. Thus under the first-sale doctrine, Adobe can not control how SoftMan resells those particular copies of Adobe software after the initial sale. The Court also found that SoftMan had not infringed on the EULA because SoftMan had never run the program and therefore never assented to the terms. In addition, the Court found that factual disputes exist on whether the separately sold copies are materially different from the original copies, which is central to Adobe's trademark claim. Since Adobe was unable to demonstrate a likelihood of success on both copyright and trademark claims, the Court denied Adobe's application for a preliminary injunction against SoftMan. (en)
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opinions
  • Plaintiff software company's product was sold rather than licensed to the defendant, who was therefore entitled to resell it in separate components. The defendant was not bound by the software "shrinkwrap license" because the terms of that license were never assented to. Preliminary injunction previously entered for the plaintiff was vacated, and a new injunction denied. (en)
prior actions
  • Preliminary injunction entered for plaintiff, 9-10-01 (en)
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