MICROSOFT CORPORATION Vs. GANESH WAKODE

JUDGEMENT

(1.) Present suit has been filed for permanent injunction restraining infringement of copyrights, delivery of profits, rendition of accounts, damages and delivery of all plaintiffs' unlicenced pirated software. The prayer clause of the present suit is reproduced hereinbelow:-

(2.) In the plaint, it has been stated that the plaintiff no. 1, Microsoft Corporation is a company organized and existing under the laws of State of Washington, USA. Plaintiff no. 1 is the largest software publisher in the world and its computer software including various operating systems such as Microsoft Windows XP Professional, Win Server 2003 Ent., Win Server 2000, Microsoft Professional 2003, MS Office XP Professional 2002, Office XP Professional with front page, Office XP Small Business, Office Enterprise 2007, Office 2000 Premiere Enterprise 2007, Office 2000 Premiere, Office 2000 Professional etc. Plaintiffs' software programmes 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.