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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.
Creation in a fixed form causes a copyright.
When a work is created in a fixed form, the US and the Berne Convention permits copyright to be conditioned to the owner.
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Definition:
The unauthorized making, using, offering to sell, selling or importing into the United States any patented invention.
Madrid Protocol
Definition:
Is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an “international application.”
Clearance
Definition:
Clearance is the permission from the author or owner of the copyrighted piece to another person, allowing them to exercise one or more of the exclusive rights, usually without a fee or charge.
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