NORTH HOLLYWOOD, Calif.–LawFuel – Patent Law, Law Jobs –Office Live, LLC announced today that it is proceeding with litigation against Microsoft Corporation seeking to prevent Microsoft from intentionally infringing upon and deliberately copying and using its federally registered “Office Live” service mark.
Office Live obtained a federal registration on the “Office Live” mark in 2002. It has used the “Office Live” mark since early 2001.
In late October 2006, Microsoft announced that it planned to begin offering online “productivity tools” targeted at small businesses under the name “Office Live” to paid subscribers, as well as a free, ad-sponsored version.
Office Live, LLC brought suit on December 29, 2006 in the United States District Court for the Central District of California, styled Office Live, LLC v. Microsoft Corp., Case No. CV06-8297 GK (FMOx). It agreed to withhold service of the lawsuit for a brief period to allow the parties to pursue settlement negotiations. When these settlement talks proved unsuccessful, Office Live served Microsoft with its lawsuit on February 16, 2007.
“Microsoft seems to think that it can do whatever it wants just because we are a much smaller company. It is shocking that Microsoft would have so little regard for another company’s intellectual property rights that it would select a name belonging to another company. Online software may be the next big thing, but Microsoft has no right to use our trademark without permission,” said Office Live’s CEO, Lenny Targon.
Office Live is represented in the pending litigation by John C. Gorman, an intellectual property attorney with Gorman & Miller, PC in San Jose, California. Gorman commented that, “There are dozens of names that Microsoft could have chosen to brand its online software products. It knew of the existence of this trademark and decided to use it anyway.”
Office Live’s lawsuit seeks both monetary relief and an injunction preventing Microsoft from continuing to use the “Office Live” name.
About Office Live, LLC
Office Live, LLC is an online media company providing consumers with professional information and access to information from professionals. Office Live also provides professionals with web-enabled marketing and virtual office services. Further information about Office Live, LLC can be found at www.officelive.net.