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DELHI HIGH COURT
SANJEEV NARULA
Foundry Visionmongers Limited – Appellant
Versus
Vivishaa Solutions Private Limited – Respondent
| Table of Content |
|---|
| 1. exemption and procedural orders allowed. (Para 1 , 2) |
| 2. summons issued and written statements timeline set. (Para 3 , 4 , 5 , 6 , 7) |
| 3. exemption for court fees granted. (Para 11 , 12) |
| 4. plaintiff asserts copyright ownership. (Para 14 , 15 , 16) |
| 5. defendant's unauthorized use of software challenged. (Para 17 , 18 , 19) |
| 6. interim injunction against unauthorized software use. (Para 20) |
| 7. parties referred to mediation. (Para 21 , 22 , 23) |
ORDER
[VIA VIDEO CONFERENCING]
I.A. 6895/2021 (for exemption)
1. Exemption allowed, subject to just exceptions.
2. The application stands disposed of.
CS(COMM) 248/2021
3. Let the plaint be registered as a suit.
4. Issue summons. Ms. Archana Sahadeva, learned counsel appearing on advance notice, accepts summons on behalf of the Defendants. Written statements to be filed by the Defendants within 30 days from today. Along with the written statements, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statements shall not be taken on record.
5. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement.
Plaintiff established prima facie case for copyright infringement against Defendants, warranting interim injunction due to imminent harm and established unauthorized use of software.
The court established that a prima facie case for relief exists when trademark infringement is evident, justifying ex parte interim injunction to prevent irreparable harm.
The court granted an ad-interim injunction for trademark and copyright infringement upon finding a prima facie case of passing off by the defendants, who adopted a deceptively similar mark subsequent....
Plaintiff established a prima facie case for trademark and copyright infringement, necessitating an interim injunction to prevent consumer confusion and irreparable harm.
The court established that unauthorized distribution of cinematograph films constitutes copyright infringement, allowing for dynamic injunctions to protect against evolving infringement tactics.
Copyright infringement in software programmes under the Copyright Act, 1957, leading to remedies including permanent injunction, delivery up of unlicensed software, and damages.
Unauthorized use of copyrighted software constitutes infringement under the Copyright Act, allowing for injunctive relief and damages.
A plaintiff must demonstrate a prima facie case of trademark infringement, supported by evidence of prior use and likelihood of consumer confusion to obtain an ex-parte injunction.
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