Pradeep Nandrajog, J.

( 1 ) PLAINTIFF is the registered proprietor of the trade mark microsoft . The mark is registered in Classes 9 and 16 vide registration no. 430449-B and 430450-B. Plaintiff claims to have created various kinds of software in which plaintiff claims a proprietary right. When the software is sold, purchaser has licence agreement setting out the terms of permissible user of the software which is contained in a floppy. CD/floppies are handed over. Term of the licence agreement permits the use of the CDs/floppies, as per conditions.

( 2 ) IT is stated in the plaint that the defendants, without a lice: ice are loading the software on the hard disk of computers being sold by them and in this manner are causing financial loss to the plaintiff. It is alleged that the defendants do not have any permission from the plaintiff to copy or sell the licensed programmes as per software developed by the plaintiff. Following reliefs are prayed for: " (a) An order for permanent injunction restraining the defendants, their directors, officers, servants and agents and all others acting for and on their behalf from copying, selling, offering for sale, distributing, issuing to the pu

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