11 Parameter Driven Software, Inc. v. Massachusetts Bay Ins. 13 See, Union Ins. It should be noted that the reasoning of this court is unique, and may not be persuasive in argument. Defendant's use of PDS, in any form, in connection with computer programs for use in the business field, is a false designation of origin, and constitutes unfair competition, insofar as the use of PDS falsely suggests, to consumers, that Defendant's product originates with Plaintiff. Defendant's use of PDS, either alone or in combination with other elements, in connection with the advertising or sale of computer programs for business applications, constitutes unfair competition.
Defendant is therefore liable to plaintiff for unfair competition.
Plaintiff is entitled to recover the damages sustained by such unfair competition. . . . The use, by Defendant, of the name PDS, in connection with the sale of computer programs for business applications, constitutes trademark infringement. Defendant is therefore liable to Plaintiff for such infringement. . . . Defendant is therefore liable to Plaintiff for such infringement. . . . All Rights Reserved.