2005 (2) TMI 880 - HC - Indian Laws

Summary

Issues:
1. Copyright infringement of software by defendants.
2. Trademark infringement by defendants.
3. Passing off of counterfeit software as genuine.
4. Relief sought by the plaintiff.

Copyright Infringement:
The plaintiff, a registered proprietor of the trademark 'MICROSOFT,' alleged that the defendants were loading software onto computers without a license, causing financial loss. Evidence included affidavits proving the plaintiff's ownership and registration of software programs and trademarks. The defendants did not contest the claims, leading to an ex-parte proceeding. Affidavits from technical experts and employees demonstrated the loading of pirated software by the defendants. The court found the defendants liable for copyright infringement, based on the plaintiff's unrebutted evidence and the unauthorized copying of software onto computers sold by the defendants.

Trademark Infringement:
Apart from copyright infringement, the plaintiff also alleged trademark infringement by the defendants. The evidence presented included certificates of registration for the 'MICROSOFT' trademark and affidavits establishing the unauthorized use of the plaintiff's trademarks on products sold by the defendants. The court found the defendants liable for trademark infringement, as they were selling products with deceptive variants of the plaintiff's trademarks without permission.

Passing Off:
The plaintiff further claimed passing off of counterfeit software as genuine products. Affidavits and evidence showed that the defendants were distributing software and products bearing deceptive variants of the plaintiff's trademarks without authorization. The court held the defendants responsible for passing off counterfeit software as genuine, causing confusion among consumers regarding the origin of the products.

Relief Sought:
The plaintiff sought various reliefs, including permanent injunctions, delivery-up of infringing copies, rendition of accounts of profits earned through infringement, and damages. The court decreed in favor of the plaintiff, granting injunctions against the defendants, delivery-up of infringing copies, and compensation of Rs. 19.75 lacs. The damages were to be paid jointly and severally by the defendants with an interest rate of 9% per annum. The plaintiff was also awarded costs, and a decree was to be prepared upon payment of the court fee for the damages awarded.