MICROSOFT CORPORATION Vs. S. SARKAR

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.) THE relevant facts of the present case are that the plaintiffs in August 2009, upon receiving information of the defendants' infringing activities regarding unlicensed use of the plaintiffs' software programme, immediately initiated an investigation. The plaintiffs also conducted a search within its database called 'Microsoft Sales' and found that the defendants have registered in their names only the following licenses:-