MICROSOFT CORPORATION Vs. JAYESH

JUDGEMENT

(1.) The right of the plaintiffs to restrain the defendants from selling or distributing unauthorized importations of the plaintiffs' XBOX gaming consoles, within the meaning of Section 30(4) of The Trade Marks Act, 1999, is the question for adjudication in the present case.

(2.) The case of the plaintiffs as laid out in the plaint is:

(3.) This Court issued summons in the suit to the defendants on 30.05.2007 and vide order of the same date granted an ex-parte ad-interim injunction in favour of the plaintiffs. This Court, at the request of the plaintiffs, also appointed a Local Commissioner to visit the premises of the defendants and inspect the XBOX gaming consoles as well as the XBOX games bearing the trade mark of the plaintiffs and to determine if the same are unauthorized imports and/or infringing versions of the plaintiffs' products, and to, if found to be so, seize and seal the same after making an inventory thereof and entrust them on superdari to the defendants. The Local Commissioner, in compliance of the aforesaid orders of this Court, has filed his report.