Case takes a bad turn for Psystar in Mac cloning legal brouhaha
Posted by Dennis Sellers 
Nov 14, 2009 at 4:36pm
In the legal brouhaha regarding its Mac clones, Psystar’s motion for summary judgement on trademark infringement and trade dress is denied, reports Groklaw, a journalistic enterprise, with interviews, research, and reporting of legal events important to the FOSS (free and open source software) community.
Apple’s motion for summary judgment on copyright infringement and DMCA violation is granted. Apple prevailed also on its motion to seal.
As Groklaw notes, there are still issues remaining for trial, despite Psystar’s attempt to present everything now as being moot. Here’s what’s left to be decided at trial: Apple’s allegations of breach of contract; induced breach of contract, trademark infringement; trademark dilution; trade dress infringement; and state unfair competition under California Business and Professions Code § 17200; and common law unfair competition.
“So that means damages ahead for Psystar on the copyright issues just decided on summary judgment, at a minimum,” says Groklaw. “The court asked for briefs on that subject. In short, Psystar is toast. Psystar’s only hope now is Florida, and frankly I wouldn’t bet the house on that one. Judges notice if you were just found guilty of a similar cause of action in another state.
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Dennis Sellers
Dennis has been a newspaper editor/reporter (seven years) and teacher (seven years). He has over 10,000 magazine, newspaper and online articles to his credit. He has also covered the Mac and tech industries for over a decade for such online publications as MacCentral, MacMinute and now MacsimumNews.
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