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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 12^th April, 2022

+

CS (COMM) 528/2020 & I.A. 11267/2020

SAP SE

..... Plaintiff

Through:

Mr.

Ranjan

Narula,

Advocate.

(M:9891584230)

versus

ANOOP TECH AND ORS.

..... Defendants

Through:

Mr. Kunal Khanna, Advocate for D-1.

(M9999757185)

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J.(Oral)

1.

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

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001364

relationship management. The Plaintiff has various IT products which are

extremely popular, some of which are:

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

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001364

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 27^th 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 11^th 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