9911796707
TMI Blog2013 (2) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... operating systems such as Microsoft Windows XP Professional and Microsoft Office Professional Edition 2003. Plaintiffs' software are popular, famous and renowned throughout the world. 3. Plaintiff no. 2 is stated to be a wholly owned marketing subsidiary of plaintiff no. 1 which has been incorporated and registered under Indian Companies Act, 1956. Plaintiff no. 2 has been set up in 1989 to promote anti-piracy awareness campaigns and to support plaintiff no. 1 or its affiliates. The products of plaintiff no. 1 are distributed in India through various authorised distributors. 4. The relevant facts of the present case are that the plaintiffs, in January 2009 upon receiving information of the defendants' infringing activities regarding thei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and was not accompanied by any Original Media such as Original Certificates of Authenticity (COA) label, Holographic Software Installation CDs, User Manuals/Booklets and genuine copy of the End User License Agreement (EULA). 7. On 30th March, 2009, when the present suit was listed for hearing, this Court by an ex-parte order restrained the defendants from copying, producing, hard disc loading on computers, selling or offering for sale, distributing, issuing to public pirated, counterfeit, unlicensed version of Microsoft Software, Windows XP Professional, 2002, Microsoft Office, 2003 and any other software of the plaintiffs in any manner constituting infringement of plaintiffs copyrights in the said software. 8. Since none appeared for def ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of authors of member countries of the Berne and Universal Copyright Conventions are protected under Indian copyright law. India and the USA are signatories to both the Universal Copyright Convention as well as the Berne Convention. 12. Consequently, this Court is of the view that plaintiffs are entitled to a decree of permanent injunction. 13. As far as the relief of damages and rendition of accounts is concerned, this Court is of the view that in accordance with the orders passed by this Court in Microsoft Corporation & Anr. Vs. M/s. G-Net Technologies & Ors., CS(OS) 805/2008 decided on 31st October, 2011, Microsoft Corporation & Anr. Vs. Prem Tiwari & Anr., CS(OS) 203/2008 decided on 31st October, 2011 and Microsoft Corporation Vs. Dav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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