Las Vegas Sun

February 13, 2012

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Microsoft sues local company over Windows XP claims

By Steve Green (contact)

Wednesday, Feb. 10, 2010 | 12:23 p.m.

Sun Coverage

Microsoft Corp. is suing a Southern Nevada company it claims has been selling refurbished computer systems loaded with unauthorized copies of Windows XP Pro software.

Redmond, Wash.-based Microsoft filed suit Tuesday in U.S. District Court in Las Vegas against PacificGeek.com of Boulder City, its owner Kirk Frantz and PacificGeek officials Dylan Frantz (son of Kirk) and Mark Frantz (brother of Kirk).

Microsoft says it notified PacificGeek in September that the company may be distributing "infringing Microsoft software copied onto refurbished computer systems and illicit Certificate of Authenticity labels."

"Nevertheless, on two separate occasions in November 2009 and January 2010, defendants distributed to investigators refurbished computer systems with infringing Windows XP Pro software," the suit complains.

"These are not isolated incidents," Microsoft complained, saying that in 2000 it won an injunction against Kirk Frantz prohibiting him from "engaging in any infringing distribution of Microsoft software."

That case involved a lawsuit Microsoft filed against a Kirk Frantz company called Computer Surplus Outlet LLC.

Tuesday’s lawsuit alleges copyright and trademark infringement, false representation of Microsoft packaging and unfair competition; and seeks unspecified damages.

Kirk Frantz said Wednesday that he wasn’t aware of the suit, but denied the allegations of wrongdoing leveled by Microsoft.

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