Copyright and trade mark infringement proven against sellers of computers loaded with pirated software; injunction, delivery up, and damages granted.

The Delhi High Court found copyright and trade mark infringement where the defendants supplied computers pre-loaded with pirated software without licence or permission. Unrebutted affidavit evidence, including the purchaser's statement and a technical expert's report, established that the defendants were dealing in infringing copies and misusing the plaintiff's registered MICROSOFT mark and copyrighted programs. The court granted injunctive relief and delivery up of infringing material, and held that damages were recoverable on the evidence, while treating accounts as unnecessary.

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Issues: Whether the defendants infringed the plaintiff's copyright and trade mark rights by supplying computers pre-loaded with unauthorized software, and whether the plaintiff was entitled to injunctions, delivery up, and damages.

Analysis: The evidence established that the plaintiff was the registered proprietor of the MICROSOFT trade mark and the copyright owner of the relevant software programs. The defendants, though served, did not appear and were proceeded ex parte. The affidavit evidence, including the purchaser's statement and the technical expert's report, showed that computers sold by the defendants were loaded with pirated versions of the plaintiff's software without licence or permission. The court found that the defendants were engaged in a business of supplying infringing copies, that the infringement was proved on unrebutted evidence, and that the plaintiff was entitled to protection against further misuse of its intellectual property rights. On the evidence, damages were also held to be recoverable, and the accounts remedy was treated as unnecessary.

Conclusion: The issue was decided in favour of the plaintiff. The plaintiff was held entitled to injunctive relief, delivery up of infringing material, and damages of Rs. 19.75 lakhs with interest and costs.

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