JUDGMENT
S. No. 2862/2000
1. Plaint be registered. Let the summons be issued to the respondent both by ordinary process as well as registered AD post, on filing process fee and registered covers within one week, returnable on 17th Apri1, 2001. I.A. No. 13283/2000.
2. Heard .
3. Plaintiff has been carrying on business in the field of development of computer programmes (software) and the manufacture and sale of software, pre-recorded onto compact Disks, Floppy Disks and other electronic media along with the related user manuals and instructional guides. It has subsidiary in India having its office at 70, The Great Eastern Centre, Nehru Place, New Delhi-110 019. It is alleged that the popularity of the plaintiff’s software and hardware in India has resulted in large-scale counterfeiting of hardware and piracy and illegal copying of software. On vigorous inquiry made by the agents of the plaintiff it is revealed that large number of software’s as detailed in para 23 of the application which are as many as 1Q are being used by defendant No. 2. The above allegations have been substantiated by way of affidavit by Mr. Venugopal, Chief Executive Officer of the plaintiff company. In the past also, such acts of
piracy have come to the notice of the court in number of suits which are still pending.
4. After close perusal of the plaint, contents thereof, documents placed on record and various orders passed in other suits, I am satisfied that there is prim facie case in favour of the plaintiff and the balance of convenience also in their favour and I am also satisfied that in case of notice alone, the plaintiff will suffer irreparable loss, damage and injury.
5. In the result, ex parte ad interim injunction is passed restraining the defendants, their principal
officers, directors, partners, proprietors, agents, servants and all other acting for and on their behalf from directing or indirectly (i) using unlicensed software of the plaintiff or reproducing the software of the plaintiff in contravention of the terms of the End-User License Agreement(s) or infringing in any other manner the copyrights of the plaintiff in its computer programmes; (ii) infringing the plaintiff’s registered trade mark MICROSOFT in Classes 9 & 16, bearing trademark registration numbers 430449B and 430450B respectively and (iii) passing off their pirated software/goods/services a those of the plaintiff.
Compliance of Order XXXIX Rule 3 C.P.C. within one week.
I.A. No. 13281/2000