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2007 Supreme(Del) 2800

G.S.SISTANI
Microsoft Corporation – Appellant
Versus
Rajendra Pawar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Praveen Anand.

JUDGMENT :

G.S. Sistani, J.

The Plaintiff has filed the present suit for permanent injunction, delivery up, rendition of accounts and damages against the Defendants for infringement of copyrights, infringement of trademarks and passing off.

2. The facts, as set out by the Plaintiff, are as follows. The Plaintiff, Microsoft Corporation, is a company organised and existing under the laws of the State of Washington, USA. It has, however, its presence all over the world. In New Delhi, it has its marketing subsidiary Microsoft India Pvt. Ltd. The Plaintiff is world famous for its business software such as Microsoft Windows, Microsoft Office etc. which are installed and used on millions of computers all over the world including India. It also manufacturers a large range of computer peripherals (hardware). The hardware group was established in year 1982 and during this period, the Plaintiff has built its reputation for technological expertise in hardware by developing and launching a series of successful devices including the economically designed 'Mouse' and Keyboard.

3. It is stated tha

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