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Novell lawsuit charges PMI with infringement

Novell Inc. has filed a lawsuit against PMI Industries Inc. of San Diego and two individuals claiming copyright and trademark infringement.

The suit, filed in the U.S. District Court for the Southern District of California, states that PMI Industries misused Novell trademarks, trade dress and logos to give the appearance that Novell NetWare product was full product when in reality it was upgraded NetWare product. Novell also alleges that PMI Industries then distributed the fraudulently packaged upgrade product to resellers and/or customers that were not eligible to acquire or use the upgrade products.In addition, Novell also contends that the defendants acquired and sold unbundled Original Equipment Manufacturer (OEM) product and unauthorized Master License Agreement (MLA) product to unsuspecting customers. Additionally, Novell believes that PMI Industries also acquired and sold stolen intraNetWare for Small Business diskettes.