Eaton Corp. (Cleveland, OH), a manufacturer of electrical systems and components for power quality in automotive systems, reported that on June 17, 2005, the company filed a complaint against J.T. Packard & Associates in the US District Court for the Northern District of Illinois in Chicago. In the filing, Eaton maintains that J.T. Packard improperly obtained and is not authorized to be using Eaton software and user manuals involved in the installation and servicing of Powerware brand three-phase uninterruptible power systems. Eaton further maintains that Packard has used and is continuing to use the Powerware trademarks in connection with Packard's sale of goods and services involving three-phase systems, which is in violation of trademark law and constitutes false advertising.
J.T. Packard was named in a similar matter in October 2004 when MGE UPS Systems Inc. filed suit and won an injunction for software copyright infringement against 17 defendants. Eaton filed this litigation to protect its proprietary intellectual property, and intends to defend it vigorously against infringement by others. Eaton is asking for damages sustained because of Packard's misconduct, for destruction of all copies of the software and user manuals, and for Packard to pay Eaton's costs and attorneys' fees.