Novell awarded $25.9 million against trademark infringer

Novell's three-year trademark infringement case against software developer Network Trade Center (NTC) has come to a conclusion following the judge's ruling that NTC must cough up $25.9 million in damages. The case centred on allegations that NTC had resold Netware upgrades to new users as full versions of the network operating system. NTC's guilt in the matter was proved last year, but it has taken the intervening period for court-appointed 'special master' David Nuffer, an attorney and part-time federal magistrate, to set the level of the damages. Nuffer recommended $25.9 million, and, after a couple of months of deliberation, that's just what trial judge Thomas Greene imposed on NTC. However, he refused to take Novell up on its suggestion that the damages be tripled because of the company's allegations that NTC attempted to destroy evidence pertinent to the case. Greene was equally unmoved by NTC's calls for reduced damages on the grounds that they were "clearly excessive", according to NTC attorney David Snuffer. Still, NTC now claims to have no assets, so whether Novell will actually receive any of the $25.9 million remains to be seen. ® Click for more stories