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Intellectual Property News
Jury Convicts Store Owner of Trafficking in Counterfeit Computer Software
The owner and operator of Media Solutions, a now-defunct computer hardware and software store in the City of Industry, has been convicted of seven federal criminal charges for trafficking in counterfeit Symantec and Quicken computer software.
Joan Huang, 43, of Rancho Palos Verdes, was found guilty yesterday afternoon of one count of conspiring to sell counterfeit software, five counts of attempted trafficking in counterfeit software, and one count of trafficking in the software.
The jury heard evidence that in 2002 and 2003 Huang purchased or tried to purchase thousands of copies of counterfeit versions of Norton Anti-Virus, Norton SystemWorks and Quicken software from a supplier who imported the fake software from Thailand. After that supplier was arrested in Canada in early 2003, Huang found new suppliers of counterfeit software and continued to resell the contraband.
In an attempt to avoid detection, Huang arranged for the counterfeit software to be shipped to a friend's restaurant and to a friend's home under the name "John Smith." During this time, Huang had been told several times by her supplier and by federal agents that the software she was buying and selling was counterfeit. Nevertheless, Huang sold counterfeit software with a retail value well in excess of $200,000.
Huang faces a maximum possible sentence of 75 years in federal prison when she is sentenced on August 21 by United States District Judge FlorenceMarie Cooper, who presided over the trial.
The case is the result of an investigation by U.S. Immigration and Customs Enforcement in Long Beach.
TRIPs evokes more IP protections.
The TRIPs agreement protects technological areas as computer software and pharmaceutical products which were previously unprotected in many countries.
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Definition:
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution.
Passing Off
Definition:
The substitution of one brand of goods when another brand is ordered. Trademark infringement where the infringer intentionally meant to mislead or deceive purchasers.
Certification mark
Definition:
A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.
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