Unauthorized use of a registered trademark constitutes infringement, and remedies include permanent injunction and costs against infringing parties.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The present suit for permanent injunction has been filed by the Plaintiff-SAP SE. The Plaintiff is a company engaged in providing SAP solutions, implementation, post-implementation support, training and certification for various customers and partners in India through its subsidiary-SAP India Private Limited. The Plaintiff is stated to have extensive business in India and has development centres in many prominent cities including Delhi. It is stated to have more than 1 lakh employees and serves lakhs of customers in more than 180 countries in the world. The Plaintiff provides various end-to-end software application solutions to its customers. One such application is SAP Business Suite which optimises all business-critical processes and it includes SAP ERP. Some of its ERP android software applications are used across industries for resource planning, customer relationship management, supply chain and supplier relationship management. The Plaintiff has various IT products which are extremely popular, some of which are:

a) SAP ERP (Enterprise Resource Planning);

b) SAP CRM (Customer Relationship Management);

c) SAP PLM (Product Lifecycle Management);

d) SAP SCM (Supply Chain Management);

e) SAP SRM (Supplier Relationship Management).

3. The software applications of the Plaintiff are sold under the name and mark `SAP' with different module numbers and versions from time to time. The Plaintiff's software requires trained software professionals, who are able to load, execute, access, service, employ and display integrated end-to-end solutions derived from such software products for the client. The Plaintiff has, accordingly, appointed some companies as training partners for training personnel on SAP software.

4. The Plaintiff is the copyright owner of the various software programmes, such as SAP HANA, SAP CRM, SAP ABAP, SAP ERP 6.0, SAP Net Weaver, SAP ERP 2005, etc. which are literary works within the meaning of Sections 2(ffc) & 2(o) of the Copyright Act, 1957. The Plaintiff also owns the `SAP' trademark and various variants of the same. After adoption of the mark `SAP' in 1972, it has become one of the most distinctive brands in the world, especially in the area of software products and services. The Plaintiff has registered the `SAP' word mark vide application bearing no. 578462 from 1992.

5. The Defendant No.1-Anoop Tech is an entity which started offering classroom and online coaching/training of SAP courses on its website www.anooptech.net and www.anooptech.com. On its website, various `SAP' logos are being used. SAP copyright protected training materials and software were used by Defendant No.1 for the purpose of providing training on SAP products/services. Tools such as interactive websites, live demos, cloud platforms etc. were also used by Defendant No.1. `SAP' trade marks were being used on the website/social media platforms in such a manner as though Defendant No.1 was connected to the Plaintiff. A list or SAP courses provided by Defendant No.1 from the website is as under:

6. On 27th May, 2020, the Plaintiff sent a cease-and-desist notice asking Defendant No.1 to cease from unauthorisedly offering any SAP online courses. The Defendant No.1 vide reply dated 11th June, 2020 confirmed that it is in the process of taking down the infringing content. Despite the said reply, it is the case of the Plaintiff that the said infringing content re-appeared on the website and telephonic communications were also of no avail. This led to the filing of the present suit.

7. The matter was co