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.”