throbber
Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 1 of 26
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`MICROSOFT CORPORATION, a Washington
`corporation,
`
`No. 2:22-cv-1113
`COMPLAINT
`
`Plaintiff,
`
`v.
`THE SEARCH PEOPLE ENTERPRISES LTD.,
`a British Columbia, Canada, corporation;
`MEHTABJIT SINGH TEJA, a/k/a RONNIE
`TEJA, an individual; and DOES 1–10,
`Defendants.
`
`COMPLAINT
`Plaintiff Microsoft Corporation (“Microsoft”) brings this Complaint against
`1.
`Defendants The Search People Enterprises Ltd., Mehtabjit Singh, a/k/a Ronnie Singh, and Does
`1–10, alleging claims for (1) contributory copyright infringement; (2) trademark infringement;
`(3) false designation of origin and false and misleading representations and descriptions of fact;
`and (4) trade dress infringement.
`
`INTRODUCTION
`I.
`Defendants are prolific distributors of black market access devices to Microsoft
`2.
`software that they unlawfully advertise to consumers as genuine software. As a major part of
`their sales, Defendants instruct their customers to acquire, install, and activate copies of
`
`COMPLAINT - 1
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
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`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 2 of 26
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`Microsoft software with the access devices. This software is from counterfeit download sites or
`Microsoft sites that require the purchase of licensed software.
`3.
`Defendants use Microsoft’s trademarks and trade dress in their marketing and
`sales material without authorization to deceive consumers about the characteristics, origin, and
`authenticity of the software. Defendants further deceive their customers into believing that this
`software is legally licensed for them to use when it is not.
`4.
`The access devices trafficked by Defendants consist of Microsoft product
`activation keys and tokens for software. These keys and tokens are separated from the genuine,
`licensed Microsoft software they were intended and authorized to activate and sold on a “stand-
`alone” basis separate from that software (“decoupled product keys” or “decoupled tokens”).
`5.
`Decoupled product keys and decoupled tokens do not constitute or represent
`licenses for Microsoft software. They are merely technology tools that Microsoft provides its
`customers and supply chain partners to access, install, and activate copies of legally licensed
`software. When these tools are separated from legally licensed software, disassociated with the
`devices on which they were authorized to be used, they do not have any independent value other
`than to deceive unwitting consumers into acquiring copies of counterfeit and unlicensed
`software.
`Defendants have reaped substantial profits from their unlawful sale of
`6.
`unauthorized access devices, all while falsely holding themselves out to be legitimate distributors
`of licensed Microsoft software. Defendants knew, or had reason to know, that they were
`facilitating, contributing to, and causing the unlawful copying and distribution of counterfeit and
`unlicensed Microsoft software.
`7.
`Defendants’ unlawful sale of unauthorized access devices hurts customers,
`legitimate commerce, and the software business. Customers are deceived into purchasing
`counterfeit and unlicensed copies of software when they think they are buying genuine, licensed
`software. Businesses selling genuine licensed software are harmed when potential customers are
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`COMPLAINT - 2
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 3 of 26
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`lured away by lower-priced non-genuine software offerings. Microsoft is harmed by
`Defendants’ misuse and theft of its intellectual property.
`8.
`To put a stop to Defendants’ scheme and associated unlawful activities and hold
`them accountable, Microsoft seeks an order permanently enjoining Defendants from further sales
`of unauthorized access devices and an award of money damages for the substantial harm they
`have caused.
`
`PARTIES
`II.
`Plaintiff Microsoft is a Washington corporation with its principal place of
`9.
`business in Redmond, Washington. Microsoft develops, markets, distributes, and licenses
`computer software, among other products and services.
`10.
`On information and belief, Defendant The Search People Enterprises Ltd.
`(“TSPE”) is a British Columbia, Canada, corporation with its principal place of business in
`Vancouver, Canada.
`11.
`On information and belief, Defendant Mehtabjit Singh Teja, a/k/a Ronnie Teja, is
`an individual currently residing in British Columbia, Canada. On information and belief,
`Defendant Teja is a director, president, and secretary of Defendant TSPE.
`12.
`Defendants Does 1–10 are parties whose identities are presently unknown to
`Microsoft.
`On information and belief, Defendants TSPE, Teja, and Does 1–10 conspired and
`13.
`operated in concert with each other to advertise and sell Microsoft-branded products and
`services, including the products and services described in paragraph 4, through their websites
`softwarekeep.com (“SoftwareKeep Website”), softwarekeep.ca (“SoftwareKeep Canada
`Website”), saveonit.com (“SaveOnIT Website”), and catsoft.co (“Catsoft Website”)
`(collectively, the “Websites”). The SoftwareKeep Website lists addresses in Point Roberts and
`Seattle, Washington. The SoftwareKeep Canada Website lists address in Seattle, Washington
`and Vancouver, British Columbia, Canada. The SaveOnIT Website lists addresses in Seattle,
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`COMPLAINT - 3
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 4 of 26
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`Washington and Vancouver, British Columbia, Canada. The Catsoft Website lists addresses in
`Vancouver, British Columbia, Canada, and San Diego, California.
`
`JURISDICTION & VENUE
`III.
`The Court has subject-matter jurisdiction over the federal claims alleged herein
`14.
`pursuant to 15 U.S.C. § 1121, 17 U.S.C. § 501, and 28 U.S.C. §§ 1331 and 1338(a).
`15.
`The Court has general personal jurisdiction and specific personal jurisdiction over
`Defendants because Defendants conduct systematic and continuous business in this District;
`Plaintiff’s allegations arise from action and contact by Defendants in this District; Defendants
`committed a substantial part of the acts of infringement in the Complaint within this District; and
`Defendants injured Plaintiff in this District. At all times, Defendants regularly and
`systematically transacted business within the State of Washington and the wrongful conduct
`described herein reached Washington Consumers. Defendants also derive substantial revenue
`from Washington residents.
`16.
`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because a
`substantial part of the events or omissions giving rise to the claims herein occurred in this
`District.
`
`A.
`
`FACTS
`IV.
`The Negative Impact of Software Piracy on Consumers, Legitimate
`Businesses, and Intellectual Property Rightsholders
`The U.S. economy loses billions of dollars in revenues each year from software
`17.
`piracy—namely, the unauthorized and unlawful copying, downloading, and distributing of
`copyrighted and trademarked software and related components. Software developers, like
`Microsoft, create hundreds of thousands of technology jobs and are significant drivers of
`economic growth across the United States and globally. The theft of intellectual property
`negatively impacts software companies’ revenues and the economic growth of countries around
`the world.
`
`COMPLAINT - 4
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
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`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 5 of 26
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`Software piracy also victimizes consumers who believe they are purchasing
`18.
`genuine, fully licensed products. As occurred in this case, distributors of pirated software
`deceive consumers by going to great lengths to make the software appear to be licensed and
`authorized by Microsoft and advertising it as such.
`19.
`Legitimate technology businesses that follow the rules are also harmed by
`software piracy because their business is displaced by cheaper offerings from dishonest vendors
`who do not acquire and pay for licensed software.
`
`Microsoft’s Intellectual Property
`B.
`20. Microsoft develops, advertises, markets, distributes, and licenses computer
`software programs. One of the methods that Microsoft uses to distribute software is digital
`downloads through Microsoft.com and authorized electronic-software distribution vendors.
`21. Microsoft sells licenses to use its software; it does not sell the software itself.
`Microsoft’s software licensing agreements make clear to end users that they are acquiring a
`license to use the software and not title to the software. The licensing agreements contain
`limitations around the use of the software and place restrictions on transfer of the software
`license and accompanying components.
`22. Microsoft’s software programs include the following:
`Microsoft Office 2019: Microsoft has developed, and advertises,
`a.
`markets, distributes, and licenses a suite of productivity software for business, home, and
`education use called Microsoft Office 2019 (“Office 2019”). Microsoft holds valid copyrights in
`three versions of Office 2019 relevant to this case: Office Professional Plus 2019, Office
`Professional 2019, and Office Home & Business 2019. Microsoft’s copyrights were duly and
`properly registered with the United States Copyright Office, bearing the numbers TX 8-640-200,
`TX 8-748-909, TX 8-777-138, respectively.
`Microsoft Office 2021: Microsoft has developed, and advertises,
`b.
`markets, distributes, and licenses a suite of productivity software for business, home, and
`education use called Microsoft Office 2021 (“Office 2021”). Microsoft holds valid copyrights in
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`COMPLAINT - 5
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 6 of 26
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`two versions of Office 2021 relevant to this case: Office Professional 2021 and Office Home &
`Business 2021. Microsoft’s copyrights were duly and properly registered with the United States
`Copyright Office, bearing the numbers TX 9-068-091 and TX 9-068-122, respectively.
`Microsoft Project 2019: Microsoft has developed, and advertises,
`c.
`markets, distributes, and licenses a software program of project management called Microsoft
`Project 2019 (“Project 2019”). Microsoft holds a valid copyright in Microsoft Project
`Professional 2019, which encompasses all versions of Project 2019. Microsoft’s copyright in
`Microsoft Project Professional 2019 was duly and properly registered with the United States
`Copyright Office, bearing the number TX 8-727-066.
`Microsoft Visio 2019: Microsoft has developed, and advertises, markets,
`d.
`distributes, and licenses a software program for diagramming and vector graphics called
`Microsoft Visio 2019 (“Visio 2019”). Microsoft holds a valid copyright in Microsoft Visio
`Professional 2019, which encompasses all versions of Visio 2019. Microsoft’s copyright in
`Microsoft Visio Professional 2019 was duly and properly registered with the United States
`Copyright Office, bearing the number TX 8-727-070.
`Microsoft Windows 10: Microsoft has developed, and advertises,
`e.
`markets, distributes, and licenses a computer operating system called Microsoft Windows 10
`(“Windows 10”). Microsoft holds a valid copyright in Windows 10 (Spring 2020 Update),
`which encompasses all other versions of Windows 10. Microsoft’s copyright in Windows 10
`(Spring 2020 Update) was duly and properly registered with the United States Copyright Office,
`bearing the number TX 8-890-546.
`Microsoft Windows 11: Microsoft has developed, and advertises,
`f.
`markets, distributes, and licenses a computer operating system called Microsoft Windows 11
`(“Windows 11”). Microsoft holds a valid copyright in Windows 11. Microsoft’s copyright in
`Windows 11 was duly and properly registered with the United States Copyright Office, bearing
`the number TX 9-110-306.
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`COMPLAINT - 6
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 7 of 26
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`23. Microsoft has developed, advertises, markets, distributes, and licenses the above
`software and related components using various trademarks and service marks, and uses these
`marks to distinguish Microsoft’s software and related components from the software or products
`of others in the same field or related fields. Relevant to this case, Microsoft has duly and
`properly registered trademarks and service marks in the United States Patent and Trademark
`Office on the Principal Register, including:
`a.
`“MICROSOFT,” Trademark and Service Mark Registration No. 1,200,236
`for, inter alia, computer programs and computer programming services.
`b.
`“WINDOWS,” Trademark Registration No. 1,872,264 for, inter alia,
`computer programs and manuals sold as a unit.
`c.
`“MICROSOFT CORPORATE COMPOSITE LOGO,” Trademark and
`Service Mark Registration No. 4,552,363, for, inter alia, computer software.
`d.
`“MICROSOFT CORPORATE LOGO,” Trademark and Service Mark
`Registration No. 4,560,827, for, inter alia, computer software.
`e.
`“OFFICE 2012 DESIGN,” Trademark and Service Mark Registration
`No. 4,459,826, for, inter alia, computer software.
`f.
`“OFFICE WITH OFFICE 2012 DESIGN,” Trademark Registration
`No. 4,456,462, for, inter alia, computer software.
`g.
`“EXCEL,” Trademark Registration No. 2,942,050, for, inter alia,
`computer software.
`h.
`computer software.
`“ONENOTE,” Trademark Registration No. 2,844,710, for, inter alia,
`i.
`computer software, also registered under Registration No. 4,251,355.
`j.
`“OUTLOOK,” Trademark Registration No. 2,188,125, for, inter alia,
`computer software, also registered under Registration Nos. 4,255,129 and 4,423,056.
`
`“POWERPOINT,” Trademark Registration No. 1,475,795, for, inter alia,
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`COMPLAINT - 7
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 8 of 26
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`“MICROSOFT ACCESS,” Trademark Registration No. 1,741,086, for,
`k.
`inter alia, computer software.
`l.
`“PROJECT LAUNCH ICON (2012),” Trademark Registration No.
`4,355,450, for, inter alia, computer software.
`m.
`“PROJECT LAUNCH ICON (color),” Trademark Registration No.
`5,068,834, for, inter alia, computer software.
`n.
`“VISIO,” Trademark Registration No. 1,838,372, for, inter alia, computer
`software, also registered under Registration No. 2,063,786.
`
`Microsoft’s Anti-Piracy Tools and Technologies
`C.
`One important element of Microsoft’s anti-piracy technology is product
`24.
`activation, which involves the activation of software through product activation keys. A
`Microsoft product activation key is a 25-character alphanumeric string generated by Microsoft
`and provided to customers and OEMs. When customers and OEMs install copies of certain
`Microsoft software on a device, they are required to enter a product activation key. As part of
`the activation process, customers and, in some cases, OEMs, voluntarily contact Microsoft’s
`activation servers over the Internet and transmit their product keys and other technical
`information about their device to the activation servers.
`25.
`The activation process is analogous to the activation of credit cards or mobile
`phones with a code provided by the financial institution or the mobile carrier. Because in certain
`instances copies of Microsoft’s copyrighted software are capable of being installed on an
`unlimited number of computers, Microsoft relies on the product activation process to detect
`unauthorized use and protect consumers from the risks of non-genuine software.
`26.
`Product activation keys are not a software license, nor do they constitute
`authorization from Microsoft to access or use software without the appropriate license. Product
`activation is merely technology used by Microsoft to protect its intellectual property from
`unauthorized use, counterfeiting, and other forms of abuse. Microsoft does not sell or otherwise
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`COMPLAINT - 8
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 9 of 26
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`provide product activation keys separately from licensed software, nor does it authorize others to
`do so.
`
`Some Microsoft programs issue tokens to customers that they use to download
`27.
`and activate copies of the software. Like product activation keys, tokens are 25-character
`alphanumeric strings generated by Microsoft. The associated product activation key does not
`need to be entered separately as it automatically activates the software when a token is used to
`download such copy. Like product activation keys, these tokens do not constitute authorization
`from Microsoft to access or use software without the appropriate license.
`28.
`A prevalent facilitator of unauthorized software use is the unlawful distribution of
`Microsoft product activation keys that have been decoupled from the software they were
`authorized to activate. Decoupled product activation keys are frequently “abused,” meaning
`used to activate more copies of software than the license for the software they were intended to
`activate allows.
`29.
`Similarly, there is a market for the unauthorized distribution of tokens. These
`tokens enable the holder of the token to download and activate unlicensed and pirated copies of
`software.
`Distributors of these keys commonly instruct their customers, as in this case, to
`30.
`download copies of the software from Microsoft or other unauthorized download sites and then
`use the decoupled keys to activate the software. In these instances, the customers downloading
`copies of the software do not purchase the required software license, and Microsoft is not paid
`for the software being used. The global black market for decoupled product activation keys
`generates millions of dollars of illicit revenues for distributors.
`
`D.
`
`Defendants’ Unlawful Advertising and Sale of Microsoft Software and
`Components
`As described below, Microsoft’s investigations have revealed that Defendants are
`31.
`engaged in the widespread marketing and sale of unauthorized access devices including
`decoupled product keys, OEM tokens, and unauthorized credentials. Defendants advertise these
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`COMPLAINT - 9
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 10 of 26
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`unauthorized access devices with download links to software which they instruct their customers
`to use to obtain copies of the software. These download links are either to Microsoft’s genuine
`download sites which their customers are not authorized to use because they do not have a
`license for the software, or authorized sites containing counterfeit copies of software. In either
`instance, copying software from these sites constitutes the infringement of Microsoft’s
`copyright-protected software which Defendants induced, enabled, facilitated, and proximately
`caused.
`
`Test Purchases from SoftwareKeep Website
`Between September 19, 2020, and January 19, 2022, Microsoft test-purchased the
`32.
`below-described infringing Microsoft materials from the SoftwareKeep Website. Microsoft’s
`trademarks were used, without authorization, on the SoftwareKeep Website and in Defendants’
`sales materials to market and advertise the infringing Microsoft software products. Defendants’
`use of the Microsoft trademarks was intended to, and likely did, confuse customers about the
`origin and authenticity of the software and their entitlement to use the software.
`Test Purchases 1–3: On September 19, 2020, a Microsoft investigator purchased
`33.
`(a) one copy of Office Professional Plus 2019 for $246.99; (b) one copy of Project 2019
`Standard for $318.99; and (3) one copy of Windows 10 Professional for $119.99. The results of
`the test purchase are as follows:
`a.
`Defendants fulfilled the Office Professional Plus 2019 order by supplying
`the investigator with one decoupled product key from the Microsoft Volume Licensing
`Academic Program (“VLAP”). VLAP program keys are issued to a specific VLAP program
`member and are only authorized for that member’s use. VLAP program keys may not be
`redistributed. Defendants also supplied the investigator with a link to a Microsoft download site
`that neither Defendants nor their customers were authorized to use to download copies of
`Microsoft Office software using the VLAP product key.
`b.
`Defendants fulfilled the Project 2019 Standard order by supplying the
`investigator with one decoupled product key from the Microsoft Imagine program. Imagine
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`COMPLAINT - 10
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 11 of 26
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`program keys are issued to a specific Imagine program member and are only authorized for that
`member’s use. Imagine program keys may not be redistributed. Defendants also supplied the
`investigator with a link to a Microsoft download site that neither Defendants nor their customers
`were authorized to use to download copies of Microsoft Project software using the Imagine
`program product key.
`Defendants fulfilled the Windows 10 Professional order by supplying the
`c.
`investigator with one decoupled product key from the Microsoft DreamSpark program.
`DreamSpark program keys are issued to a specific DreamSpark program member and are only
`authorized for that member’s use. DreamSpark program keys may not be redistributed.
`Defendants also supplied the investigator with a link to an unauthorized download site
`containing counterfeit software.
`Test Purchase 4: On November 15, 2020, a Microsoft investigator purchased
`34.
`one copy of Visio 2019 Standard for $178.99. Defendants fulfilled the Visio 2019 Standard
`order by supplying the investigator with one decoupled product key from the Microsoft
`DreamSpark program. DreamSpark program keys are issued to a specific DreamSpark program
`member and are only authorized for that member’s use. DreamSpark program keys may not be
`redistributed. Defendants also supplied the investigator with a link to a Microsoft download site
`that neither Defendants nor their customers were authorized to use to download copies of
`Microsoft Visio software using the DreamSpark program product key.
`Test Purchases 5–8: On October 31, 2021, a Microsoft investigator purchased
`35.
`(a) one copy of Office Home & Student 2019 for $89.99; (b) one copy of Office Home &
`Business 2019 for $154.99; (c) one copy of Windows 11 Professional for $104.99; and (d) one
`USB Software Backup for $24.99. The results of the test purchase are as follows:
`a.
`Defendants fulfilled the Office Home & Student 2019 order by supplying
`the investigator with one abused OEM token for the software and a link to a Microsoft software
`download site that neither Defendants nor their customers were authorized to use to download
`copies of Microsoft Office software with the OEM token.
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`COMPLAINT - 11
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 12 of 26
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`Defendants fulfilled the Office Home & Business 2019 order by supplying
`b.
`the investigator with one abused retail key for the software and a link to a Microsoft software
`download website that neither Defendant nor their customers were authorized to use to download
`copies of Microsoft Office software with the retail key.
`c.
`Defendants fulfilled the Windows 11 Professional order by supplying the
`investigator with one decoupled product key from the Microsoft Developer Network (“MSDN”)
`program. MSDN program keys are issued to a specific MSDN program member and are only
`authorized for that member’s use. MSDN program keys may not be redistributed. Defendants
`also supplied the investigator with a link to an unauthorized download site containing counterfeit
`software.
`
`Defendants did not fulfill the purchase of the USB Software Backup.
`d.
`Instead, the investigator paid $24.99 to sales@softwarekeep.com, and the same amount was
`refunded by Defendant TSPE, using email address sales@softwarekeep.ca.
`Test Purchases 9–11: On January 19, 2022, a Microsoft investigator purchased
`36.
`(a) one copy of Windows 11 Professional for $99.99; (b) one copy of Office Professional 2021
`for $284.99; and (c) Visio 2019 Standard for $178.99. The results of the test purchase are as
`follows:
`
`Defendants fulfilled the Windows 11 Professional order by supplying the
`a.
`investigator with one decoupled product key from the MSDN program. MSDN program keys
`are issued to a specific MSDN program member and are only authorized for that member’s use.
`MSDN program keys may not be redistributed. Defendants also supplied the investigator with a
`link to an unauthorized download site containing counterfeit software.
`b.
`Defendants fulfilled the Office Professional 2021 order by supplying the
`investigator with one token from the MSDN program. MSDN program tokens are issued to a
`specific MSDN program member and are only authorized for that member’s use. MSDN
`program tokens may not be redistributed. Defendants also supplied the investigator with a link
`to a Microsoft software download site that neither Defendants nor their customers were
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`
`COMPLAINT - 12
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 13 of 26
`
`authorized to use to download copies of Microsoft Office software using the MSDN program
`token.
`
`Defendants fulfilled the Visio 2019 Standard order by supplying the
`c.
`investigator with one decoupled product key from the Microsoft Imagine program. Imagine
`program keys are issued to a specific Imagine program member and are only authorized for that
`member’s use. Imagine program keys may not be redistributed. Defendants also supplied the
`investigator with a link to a Microsoft download site that neither Defendants nor their customers
`were authorized to use to download copies of Microsoft Project software using the Imagine
`program product key.
`Test Purchases from SoftwareKeep Canada Website
`Between February 1, 2021, and November 3, 2021, Microsoft test purchased the
`37.
`below-described infringing Microsoft materials from the SoftwareKeep Canada Website.
`Microsoft’s trademarks were used, without authorization, on the SoftwareKeep Canada Website
`and in Defendants’ sales materials to market and advertise the infringing Microsoft software
`products. Defendants’ use of the Microsoft trademarks was intended to, and likely did, confuse
`customers about the origin and authenticity of the software and their entitlement to use the
`software.
`Test Purchases 12–13: On February 1, 2021, a Microsoft investigator purchased
`38.
`(a) one copy of Office Home & Business 2019 for $176.99; and (b) one copy of Windows 10
`Professional for $349.99. The results of the test purchase are as follows:
`a.
`Defendants fulfilled the Office Home & Business 2019 order by supplying
`the investigator with one decoupled retail product key. Defendants also supplied the investigator
`with a link to a Microsoft software download site that neither Defendants nor their customers
`were authorized to use to download copies of Microsoft Office software using the decoupled
`retail key.
`
`Defendants fulfilled the Windows 10 Professional order by supplying the
`b.
`investigator with one decoupled product key for Microsoft Windows software from the
`
`1 2 3 4 5 6 7 8 9
`
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`13
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`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`
`COMPLAINT - 13
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 14 of 26
`
`DreamSpark program. These keys are only authorized for use by a member of the DreamSpark
`program and may not be redistributed. Defendants also supplied the investigator with a link to
`an unauthorized download site containing counterfeit software.
`Test Purchases 14–16: On May 19, 2021, a Microsoft investigator purchased
`39.
`(a) one copy of Office Professional 2019 for $366.99; (b) one copy of Project 2019 Standard for
`$499.99; and (c) one copy of Visio 2019 Standard for $239.99. The results of the test purchase
`are as follows:
`Defendants fulfilled the Office Professional 2019 order by supplying the
`a.
`investigator with one decoupled product key for Microsoft Office software from the MSDN
`program. MSDN program keys are issued to a specific MSDN program member and are only
`authorized for that member’s use. MSDN program keys may not be redistributed. Defendants
`also supplied the investigator with a link to a Microsoft software download site that neither
`Defendants nor their customers were authorized to use to download copies of Microsoft Office
`software using the MSDN program product key.
`b.
`Defendants fulfilled the Project 2019 Standard order by supplying the
`investigator with one retail token from the Electronic Software Delivery (“ESD”) system. These
`tokens are only authorized for use through the ESD system and may not be redistributed.
`Defendants also supplied the investigator with a link to a Microsoft download site that neither
`Defendants nor their customers were authorized to use to download copies of Microsoft Project
`software using the ESD token.
`c.
`Defendants fulfilled the Visio 2019 Standard order by supplying the
`investigator with one retail token from the ESD system. These tokens are only authorized for
`use through the ESD system and may not be redistributed. Defendants also supplied the
`investigator with a link to a Microsoft download site that neither Defendants nor their customers
`were authorized to use to download copies of Microsoft Visio software using the ESD token.
`
`COMPLAINT - 14
`(2:22-cv-1113)
`
`Davis Wright Tremaine LLP
`LAW OFFICES
`920 Fifth Avenue, Suite 3300
`Seattle, WA 98104-1610
`206.622.3150 main · 206.757.7700 fax
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`
`

`

`Case 2:22-cv-01113 Document 1 Filed 08/09/22 Page 15 of 26
`
`Test Purchases 17–18: On November 3, 2021, a Microsoft investigator
`40.
`purchased (a) one copy of Windows 10 Professional for $109.99; and (b) Office Home &
`Student 2021 for $154.99. The results of the test purchase are as follows:
`a.
`Defendants fulfilled the Windows 10 Professional order by supplying the
`investigator with one decoupled OA3.0 product key for Microsoft Windows software. OA3.0
`keys are only authorized for use by OEMs and m

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