AUTODESK Vs. PRASHANT DESHMUKH

JUDGEMENT

(1.) This is a suit for permanent injunction, damages and delivery up of the infringing material.

(2.) Both the plaintiffs are companies registered in U.S.A. Plaintiff No.1 is a leading design software and digital content company having presence in more than 160 countries and providing design software to professionals, to help them in making, managing and marketing their designs for hotels, motorways, office buildings and lifts etc. and its products are stated to be installed on millions of computers all over the world, including India. Plaintiff No.2 owns softwares such as Microsoft Windows and Microsoft Office and also manufactures a large range of computer peripherals. Plaintiff No.1 has a large number of authorized resellers in India whereas plaintiff no.2 has a subsidiary company in India having office in New Delhi. It is claimed that the software developed and marketed by the plaintiffs are computer programmes within the meaning of Section 2(ffc) of the Copyright Act, 1957 and also covered under the definition of a literary work as per Section 2(o) of the Copyright Act. It is further claimed that the rights of authors of member countries of the Berne and Universal Copyright Conventions are protected under Indian Copyright laws since both India as well as U.S.A. are signatory to both these conventions. Plaintiff No.1 also claims to be owner of various trademarks in India, including AUTODESK and AutoCAD. AUTODESK is stated to have been registered in India in Class 9 vide registration No.462772. Plaintiff No.2 claims ownership of the trademarks MICORSOFT and WINDOWS. Plaintiff No.2 is the registered proprietor of trademarks in India in Clause 9 and 16 vide registration No.430449B and 430450B.

(3.) It is alleged that in May, 2003, the plaintiff received information from Mr. Devesh Tiwari, a Service Engineer for the computers of the defendants, about large scale use of unlicensed/pirated software by the defendants. The plaintiffs have accordingly sought an injunction restraining the defendants from infringing their copyright and their registered trademarks. The plaintiff have also claimed damages amounting to Rs.20 lakhs besides rendition of accounts and delivery up of the unlicensed/pirated softwares contained in hard disks, compact disks, floppies etc.