LAWS(DLH)-2009-7-351

MICROSOFT CORPORATION Vs. I. SADIQ BATCHA

Decided On July 01, 2009
MICROSOFT CORPORATION Appellant
V/S
I.Sadiq Batcha Respondents

JUDGEMENT

(1.) THE defendants are ex -parte. The plaintiff has filed a suit for permanent injunction restraining the infringement of Copyrights, Registered Trademarks, Passing off, Rendition of Accounts of Profits, delivery up etc. The plaintiff, Microsoft Corporation is the Company organized and existing under the laws of the State of Washington, USA.

(2.) AS per plaint, the plaintiff has been carrying on business in the field of development of computer programs (software) and the manufacture and sale of software, pre -recorded onto tapes, disks, diskettes, cartridges, cassettes with read -only memories such as compact discs, related user manuals and instructional guides. The plaintiff, in addition to the above, is also involved in the development, manufacture and sale of computer hardware, principally the Mouse, Keyboard and Joystick, among other hardware accessories. Documentation, namely reference user, instructional and general utilities manuals and data sheets for computer hardware and software manufactures, producers and users, are also developed, manufactured and sold by the plaintiff.

(3.) THE plaintiff averred in the plaint that the products of the plaintiff, namely software and hardware, are sold either as retail or OEM (Original Equipment Manufacturer) products. An OEM dealer is one who has an agreement with the plaintiff to sell its products only when it is accompanied by the sale of a personal computer or are accompanied by components that go towards upgrade of a computer.