By Randall S. Newton
Editor-in-Chief
Autodesk has filed suit against the Open Design Alliance in US District Court in Seattle alleging trademark infringement. The complaint is based on the ODA’s implementation of its DWGdirect software libraries that read and write the AutoCAD 2007 DWG format.
Autodesk is requesting a preliminary injunction that would order ODA and all licensees to stop distribution of products containing DWGdirect 2007 libraries, to recall all products containing DWGdirect 2007 code, to identify to Autodesk any recipients of the DWGdirect 2007 code, and to correct any DWG files “that contain or mimic the unauthorized Autodesk watermarks or TrustedDWG code.”
Autodesk alleges in its complaint that, by causing AutoCAD 2007 to accept DWG files not created by Autodesk products, the ODA “is intentionally inducing licensees of its DWGdirect libraries to infringe Autodesk’s trademarks and to misrepresent the origin, sponsorship or approval of DWG files created by their programs.” As filed with the federal court, the complaint continues, “Moreover, as the maker and distributor of the DWGdirect libraries, Defendant directly controls the instrumentality used by its licensees to infringe Autodesk’s trademarks and to mislead consumers about the origin, sponsorship or approval of DWG files created by licensees’ programs.”
Based on the overall theme of misrepresentation of the origin of DWG files, Autodesk is alleging three violations of federal law (the Lanham Act, which covers trademark), and two violations of Washington State law. The suit was filed in Washington State because the ODA’s corporate registration is in Washington with a registered agent in Tumwater, Washington.
Autodesk is requesting a jury trial. Autodesk alleges both loss of reputation and monetary damages have resulted from ODA’s action. The complaint asks the court to award “the profits made by Defendant and the actual compensatory damages suffered by Autodesk as a result of Defendant’s unlawful conduct, in an amount to be proven at trial” with treble damages and repayment of costs associated with the suit.
Speaking through its press relations counsel, the Open Design Alliance said, “We cannot comment on an ongoing legal case." The ODA board of directors meets November 30; further comment is unlikely until after the meeting. An Autodesk statement is forthcoming, and will be posted at AECnews when available.
Most CAD companies, many other software firms with an interest in CAD, and several large CAD-using organizations are ODA members, including Dassault Systèmes, UGS, Bentley Systems, Intergraph, PTC, ESRI, Nemetschek North America, SolidWorks, Verizon, Adobe Systems, Google, Yamaha Motor Sports, Herman Miller, Gehry Technologies, Mitsubishi Electric Corp., Leica Geosystems, Boeing Autometric, Brigham Young University, GE Infrastructure and Security, Korea Telecom, Oracle, and more than 500 other companies.
The timing isn’t the best for the beleaguered ODA, which placed its Executive Director, Evan Yares, on administrate leave in October. Members of the board of directors are running the organization temporarily. A former employee of a company hired to handle administrative affairs for the ODA is awaiting trial on embezzlement charges.
US Judge Marsha J. Pechman will conduct a hearing on the request for a preliminary injunction November 22, 2006 at the US Courthouse in Seattle.