JUDGMENT

Sanjeev Narula, J. (Oral)

1. Plaintiff has filed the instant suit, inter alia, seeking permanent injunction restraining infringement of trademark, copyright, passing off, unfair competition, delivery up, rendition of accounts, damages, etc.

2. The case set out in Plaint is as follows:

(i) Plaintiff-`SAP SE' engaged in providing end-to-end software application solutions, is incorporated under the laws of Germany. It was established in 1972 and is the market leader in enterprise application software. It has extensive operations in India and has set up a wholly-owned subsidiary - `SAP India Private Limited'.

(ii) It has been selling and distributing its products and services under trade mark `SAP', which was coined, adopted and has been in use since 1972. Plaintiff is the registered proprietor of the mark `SAP' and its formative marks such as '[IMG]', `SAP HANA' etc. in over 75 countries, including India. Details of trademark and copyright registrations in favour of Plaintiff has been provided at paragraph no. 20 to 21 and 14 of the Plaint, respectively. Plaintiff's trademarks form an integral part of Plaintiff's trade and business. Apart from its trademark registrations, it a