David Harper in Law360: Gag Gift Maker Says Microsoft Ripped Off Ads


Law360, New York (July 12, 2011) -- Cellrderm LLC sued Microsoft Corp. in Florida federal court Monday, alleging the software company and its advertising agency copied two of the novelty gift maker's commercials in designing ads for Microsoft's Windows Phone 7 operating system.

"Cellrderm developed a marketing campaign for its own product, and a year later Microsoft used two of the exact same scenarios and many of the same copyrightable expressions," Cellrderm attorney David Harper of Haynes and Boone, LLP told Law360.

Cellrderm sent a cease-and-desist letter to Microsoft in January 2011 warning of the alleged copyright infringement, according to the complaint, but “the infringing Microsoft commercials continue to be used in Microsoft's advertising campaign for the Windows Phone 7.”

Cellrderm alleges one count of copyright infringement. It is seeking an injunction preventing the software company from continuing to broadcast the allegedly derivative ads, as well as damages, attorneys' fees and pre- and post-judgment interest.

Excerpted from Law360. To view full article, click here. (Subscription required.)


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