updated 01:10 pm EDT, Thu June 21, 2001
Roxio, makers of the Toast CD burning software, has responded to and countersued Gracenote, Inc. in response to its lawsuit filed on May 10, 2001 alleging that Roxio had infringed upon its patent and its CDDB trademark.
In its countersuit, Roxio alleges that Gracenote mislead the U.S. Patent and Trademark Office into granting its patent of the CDDB database. Roxio maintains that Gracenote sought to trademark a generic acronym and sought to obtain copyright protection for the work of the CDDB contributors after promising the public that the database would be freely accessible. On May 24, 2001, the Court denied Gracenote's request for a temporary restraining order that would have stopped Roxio from shipping certain of its products, finding that Gracenote failed to a demonstrate a likelihood of success on the merits.