APPLE INC. Vs. ROHIT SINGH AND ORS.

JUDGEMENT

(1.) Rohit Singh is a software developer and works as a consultant with Vyooh Low Level Computing LLP. The two joined in an action, as plaintiffs, claiming relief of damages as also an injunction against Apple Inc from using the mark 'splitView' or a deceptively similar variant whereof in relation to its software products.

(2.) The action is one of passing of.

(3.) As per Rohit Singh, he developed three proprietary software products targeted at the end consumers which he named SplitView, Disk View and ViewScribe respectively. As per him, the trademark in issue in the suit i.e. SplitView was the most commercial successful product. It permitted the user to simultaneously work on multiple windows on the users' computer screen. He initially sold his software products through a sole proprietary concern named Vyooh and later on formed a single member limited liability company called Yyooh LCC, through which he sold his software products and in the year 2010 he gave an exclusive license of his software products to Yyooh Low Level Computing LLP. As per him, the motivation to develop a software on which two or more applications on the computer screen could be simultaneously opened was, he observing in the year 2005 that there was a consumer need to have two or more applications simultaneously opened. Consumers were using two monitors to overcome the problem which was cumbersome and costly. Having developed the software in the year 2005, he purchased the domain name in August 2005 and has since then been selling the software. He pleaded that he had applied for registration of the trademark SplitView in the United States of America and in India. He claimed uniqueness and innovativeness in his software which earned the product Citrix Ready Membership on account of Citrix finding his product compatible with Citrix XenApp and XenDesktop as delivering a true multi -monitor experience with server based computing. He claimed reputation and goodwill in the product, disclosing sales of US$ 5.9 million over the last decade; with over 14000 paying customers.