MICROSOFT CORPORATION Vs. PREM TIWARI

JUDGEMENT

(1.) THE plaintiffs have filed the above-mentioned suit for permanent injunction restraining infringement of copyrights, delivery up, rendition of accounts of profit and damages etc.

(2.) AS per the plaint, plaintiff No.1, Microsoft Corporation is the Company organized and existing under the laws of the State of Washington, USA. Plaintiff No.2, Microsoft Corporation India Private Limited is the wholly owned marketing subsidiary of plaintiff No.1, having its office at Eros Corporate Towers, 5th Floor, Nehru Place, New Delhi-110019 and is an entity incorporated and registered under the Indian Companies Act, 1956. Plaintiff No.2 was set up in the year 1989 to provide marketing, promotion, anti-piracy awareness campaigns and actions and channel development support to plaintiff No.1 and/or its affiliates. Additionally, the products of plaintiff No.1 are distributed in New Delhi through various authorized distributors.

(3.) APART from computer software programmes, the plaintiffs also manufacture a large range of computer peripherals (hardware). The plaintiffs have established their reputation for technological expertise in hardware by developing and launching a series of successful devices including the ergonomically designed Mouse and Keyboard for the last more than two decades.