A.Nos.1600, 4698, 5010 & 5012 of 2022

in C.S.(Comm Div) No.71 of 2022

A.Nos.1600, 4698, 5010 & 5012 of 2022

in C.S.(Comm Div) No.71 of 2022

C.SARAVANAN,J.

By this common order, the above mentioned applications are

being disposed. To avoid confusion, the parties shall be referred to as the

plaintiff and the defendant in this order since both the plaintiff and the

defendant have filed their separate applications for divergent reliefs at

this interlocutory stage.

2. The defendant had also filed its written statement with an

application to condone the delay in filing a written statement. It was

allowed by an order dated 22.08.2022 in A.No.3491 of 2022. Thereafter,

on 25.08.2022, the remaining applications namely O.A.Nos.198 to 201 of

2022 and 1600 of 2022 were listed.

3. The plaintiff has filed the suit under Order IV Rule 1 of the O.S

Rules read with Order VII Rule 1 of the Code of Civil Procedure Code

read with Sections 134 and 135 of the Trade Marks Act, 1999 read with

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A.Nos.1600, 4698, 5010 & 5012 of 2022

in C.S.(Comm Div) No.71 of 2022

Sections 61 and 62 of the Indian Copyright Act, 1957,for the following

Judgment and Decree:-

a)Permanent injunction restraining the

Defendant, their directors, men, agents,

successors-in-business,

assigns,

representatives or any other person

claiming through them or under them in

any manner infringing the Plaintiff’

copyright in the artistic works in the

Menu Command Hierarchy placement

and arrangement of features such as

tables, pull down menu options, and the

user interfaces in the Plaintiff’s software

LMS in any manner whatsoever;

b)Permanent injunction restraining the

Defendant, their directors, men, agents,

successors-in-business,

assigns,

representatives or any other person

claiming through them or under them from

in any manner infringing the Plaintiff’

copyright in the literary works in the LMS

software such as Structure ID, Structure

Name, Structure Priority, Execution

Mode, Execution Frequency, Reversal

Indicator, Failure Level, Multipass, Credit

First, Group Sweep Details in any manner

whatsover;

c) Permanent injunction restraining the

Defendant, their directors, men, agents,

successors-in-business,

assigns,

representatives or any other person

claiming through them or under them from

infringing the copyright in the source

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A.Nos.1600, 4698, 5010 & 5012 of 2022

in C.S.(Comm Div) No.71 of 2022

code of the software LMS in any other

manner whatsoever;

d) Permanent injunction restraining the

Defendant, their directors, men, agents,

successors-in-business,

assigns,

representatives or any other person

claiming through them or under them from

in any manner passing off or enabling

others to pass off their software products

and services and business thereunder as

and for the plaintiffs’ products, service

and business by use of the similar

trademarks and terms

including

Multipass, Credit First, Group Sweep

Details or any other trademark, which is

identical Multipass, Credit First, Group

Sweep Details or any other trademark,

which is identical to and/or deceptively

similar to plaintiffs’ trademark and for

providing software or services by

wrongfully associating themselves with

the Plaintiffs or in any other manner

whatsover;

e. A preliminary decree be passed in favour

of the plaintiff directing the Defendant to

render a true and faithful account of all

profits earned by them, using Plaintiff’s

software and a final decree be passed in

favour of the Plaintiff for the amount of

profits thus found to have been made by

the Defendant after the latter have

rendered accounts;

f) For costs of the suit.”

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