2011 (10) TMI 716 - HC - Companies Law

Summary

Issues involved: Copyright infringement, unauthorized software loading, relief of damages and rendition of accounts.

Copyright Infringement: The plaintiffs, including Microsoft Corporation and its Indian subsidiary, filed a suit seeking injunction against copyright infringement of their software products, such as Microsoft Windows and Office. They claimed ownership of the copyright in these works under the US Copyright Law and the Copyright Act, 1957. The plaintiffs alleged that the defendants, a business entity engaged in selling computer hardware, were infringing their copyrights by loading unlicensed software onto computers sold to customers. The plaintiffs provided evidence, including technical examination reports, to support their claim of infringement.

Interim Injunction: The Court granted an ex parte ad-interim injunction order against the defendants, restraining them from marketing any unlicensed versions of the plaintiffs' software. A Local Commissioner was appointed to inspect the defendants' premises and computer systems to gather evidence of the infringement. The Commissioner's report confirmed the presence of unlicensed Microsoft software on the computers sold by the defendants.

Decree for Permanent Injunction: The defendants did not contest the suit and were proceeded ex parte. The plaintiffs presented their evidence, which remained unrebutted as there was no cross-examination. The Court accepted the plaintiffs' statements as correct and decreed in favor of the plaintiffs, granting a permanent injunction against the defendants. The Court also awarded damages of Rs. 2 lakh to the plaintiffs and ordered the defendants to bear the costs of the suit.

Conclusion: The Court decreed the suit in favor of the plaintiffs, granting a permanent injunction against the defendants for copyright infringement, awarding damages, and ordering rendition of accounts.