Adobe’s InDesign product contains Trio’s C-Index database
engine. Although a licence is in place between the companies for
use of the Trio database engine, Trio argues that the manner in
which Adobe is using it is beyond the scope of the licence.
Henry Gradstein of LA law firm Gradstein, Luskin & Van
Dalsem explained, “Adobe incorporated Trio's software into an open
software program that allows third party software developers to use
Trio's copyrighted database engine without a license." The Court
said that, “Trio Systems has demonstrated, at this preliminary
stage, that Adobe's conduct [was] prohibited by the plain language
of the license.”
Adobe denied that InDesign used C-Index in violation of its
licenses with Trio, and further argued that a preliminary
injunction would cost Adobe millions of dollars and “irreparable
injury to Adobe's goodwill and reputation.” Adobe has also
counter-sued Trio, claiming, in the words of Trio’s lawyers, “that
Trio should have known that Adobe would exceed the scope of the
license.”
