Injunction Granted Against
Unisys- Visible Systems Files Appeal Seeking Disgorgement of Infringer's
Unjustly Gained Profits
FRAMINGHAM, MA, November 16 / --
Visible Systems (Visible), has prevailed in the latest round of a long running
trademark battle with Unisys Corp. (Unisys). Federal District Court Judge
Richard G. Stearns entered an injunction and final judgment on Friday, November
2nd requiring Unisys Corp. to discontinue its infringing uses of the VISIBLE
trademark within 150 days. The court also upheld the July 31st jury award,
ordering Unisys to pay Visible Systems $250,000 for past damages and to pay
interest amounting to $17,554 from the time the infringement began on June 17,
2004.
According to the court's order,
"Unisys is permanently enjoined from using the trademarks or service marks
3D VISIBLE ENTERPRISE, 3D-VE,or VISIBLE, in the sale, offering for sale,
distribution or advertising in the United States of goods or services in
the enterprise modeling or enterprise architecture fields."
Further, "Unisys shall, within
150 days of the date of this Order, cease and desist from any and all use of
the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, and VISIBLE in
the sale, offering for sale, distribution or advertising in the United States
of goods or services in the enterprise modeling or enterprise architecture
fields."
Visible Systems has appealed the
district court's exclusion of issues of bad faith and infringer's unjust
profits from the consideration of the jury.
George Cagliuso, Visible's founder
and Chairman, commented on the court's ruling, "Although Judge
Stearns' ruling is a step in the right direction; He did not allow the jury to
decide whether Unisys unfairly profited from using our name." Mr.
Cagliuso added "additional legal steps will be necessary to bring this
matter to a conclusion."
Headquartered in Framingham, MA,
Visible Systems Corporation offers end-to-end, model-based solutions for
developing and managing large-scale software and database applications. Visible
has over 100,000 corporate and academic users of its products worldwide.
Visible, Visible Systems, Visible
Systems Corporation, Visible Advantage, Visible Analyst, Visible Developer,
Visible Razor are trademarks or registered trademarks of Visible Systems
Corporation. All other trademarks are the property of their respective owners.
Website: http://www.visible.com/
BACKGROUND
April 14, 2005 --Visible Systems
Files Notice of Opposition to Unisys Trademark
(visible.com
)
http://www.visible.com/News/pr20050414_Trademark.htm
February 24, 2006 -- Unisys sued by
software maker over 'Visible' moniker
http://masshightech.bizjournals.com/masshightech/stories/2006/02/27/story14.html
July 6, 2007 -- Visible Systems to
get day in court against giant Unisys
http://masshightech.bizjournals.com/masshightech/stories/2007/07/09/story8.html
July 31, 2007 -- Visible Systems
Corporation Wins Trademark Infringement Lawsuit ( visible.com)
http://www.visible.com/News/pr20070731_CourtDecision.htm
August 1, 2007 -- Visible wins
infringement suit against Unisys (
masshightech.com)
http://www.bizjournals.com/masshightech/stories/2007/07/30/daily23.html
November 16, 2007 -- Visible CEO
calls ruling 'slap on wrist,' appeals (
masshightech.com)
http://www.bizjournals.com/masshightech/stories/2007/11/19/story10.html
COURT FILINGS
A complete set of public filings in
this case can be found at: http://pacer.psc.uscourts.gov/
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 04-11610-RGS
VISIBLE SYSTEMS CORPORATION v.
UNISYS CORPORATION
118 - Visible's post-trial motion
122 - Unisys post-trial papers with Mattos affidavit
133 - Permanent injunction and final judgment entered by Judge Stearns