ATYATI TECHNOLOGIES Vs. COGNIZANT TECHNOLOGIES SOLUTIONS US

JUDGEMENT

(1.) The present Suit is filed in respect of infringement of the Plaintiff's copyright in the ATYATI Device Mark, infringement of the Plaintiff's registered ATYATI Device Mark and ATYATI Registered Marks and passing off the impugned services of the Defendants as and for the services and related products of the Plaintiff.

(2.) The present Suit is concerned only with the artistic work / logo and not the word mark COGNIZANT. The question before this Court at present is however limited in scope to the copyright subsisting in the artistic work/logo of the Plaintiff giving the scope of the ex-parte order that has been passed. The comparison of the rival marks / logo is depicted at page 34 of the Plaint and is reproduced herein for ease of reference Plaintiff Defendants

(3.) By an Order dated 19 th March 2024, this Court was pleased to grant ex-parte ad-interim relief to the Plaintiff in terms of prayer clause (c) of the Interim Application, inter alia, restraining the Defendants from infringing the copyright of the Plaintiff's ATYATI device mark and from using the impugned mark / logo in any manner whatsoever in relating to the impugned services until the next date of hearing, i.e. 30/4/2024, in the manner more particularly set out in the said Order.