Posted on Tuesday, April 03, 2007 5:47 PM
Autodesk’s trademark infringement lawsuit against the Open Design Alliance ended today as a federal judge approved a negotiated settlement between the two parties.
The order, signed by US Federal Court Judge Marsha J. Pechman, dictates a permanent injunction prohibits the ODA from simulating “Autodesk’s TrustedDWG technology, including but not limited to the Autodesk watermark and/or TrustedDWG code, without Autodesk’s authorization; and from distributing DWGdirect libraries or other ODA software that use or incorporate or simulate Autodesk’s TrustedDWG technology or that otherwise insert or mimic the unauthorized Autodesk watermark or TrustedDWG code.
“ODA’s simulation of Autodesk’s Trusted DWG technology was not necessary to achieve interoperability with Autodesk software, nor was ODA’s simulation of Autodesk’s TrustedDWG technology necessary to achieve interoperability with the software product of any third party. ODA’s simulation of Autodesk’s TrustedDWG technology infringed Autodesk’s rights in its federally registered AUTODESK mark, in violation of Sections 32 and 43 of the Lanham Act. Judgment on its claim for injunctive relief under the Lanham Act is entered in favor of Autodesk.”
Autodesk and ODA both agreed to dismiss without prejudice all of their various other claims and counterclaims.
Each party will bear its own legal costs.
--RSN