"The court examined the case without going into the specific nuances of electronic services and into the facts. (The court) misinterpreted and incorrectly applied the law, or did not apply it at all. As a result of this, it decided the case wrongly. It was the first case of this type heard in Lithuania. From the legal point of view, it is a highly specific and factually complicated case. However, it was dealt with in a very formal and superficial way," Gytis Mekionis, lawyer representing N5 and Ermanas, told BNS.
The appeal was filed with the Lithuanian Court of Appeals, he said.
Microsoft won its lawsuit on December 10, 2012, when Vilnius Regional Court ordered N5 and Ermanas to pay 130,000 litas in damages and shut down Linkomanija.net, and prohibited them from using Microsoft-owned trademarks.
Microsoft said in its suit that the infringement of its rights was registered on May 28, 2009, when a bailiff stated that Microsoft Office 2007, Microsoft Office 2007 Enterprise, Microsoft Office 2003 Pro and other software packages could be downloaded from Linkomanija.net via uTorrent.
