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2022 Supreme(Del) 2209

NAVIN CHAWLA
Microsoft Corporation – Appellant
Versus
Rupesh Waidande – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Bharat S. Kumar, Adv.
For the Respondent: Ms.Ajunee Singh, Adv.

JUDGMENT :

1. The present Suit has been filed by the plaintiffs praying for a decree of permanent injunction against the defendants restraining them from directly or indirectly reproducing/storing/installing and/or using pirated/unlicensed software programmes of the plaintiff no.1, thereby infringing the copyright in the plaintiffs’ computer programmes/software titles. The plaintiffs further pray for delivery up, rendition of accounts, damages as also costs of the Suit.

FACTUAL BACKGROUND

Case of the plaintiffs:

i) Software

2. The plaintiff no.1 was set up in the year 1975 under the laws of the State of Washington, United States of America (in short, ‘USA’) and is a global software publisher for personal and business computing. The software products of the plaintiff no. 1 include operating systems for servers, personal computers (in short, ‘PC’) and intelligent devices; server applications for distributed computing environments, information worker productivity applications and software development tools.

3. The plaintiff no.2 is the Indian subsidiary of the plaintiff no. 1, set up in the year 1989. The plaintiff no.2 provides marketing, promotion, anti-piracy awareness campaigns and acti

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