Copyright ownership and infringement proved through unrebutted evidence, leading to injunction, damages, and costs.

Copyright ownership and infringement were proved on the record where the plaintiffs produced registration material and supporting documents for the software works, and evidence showed the defendants were selling computers with unauthorised loading of the plaintiffs' software without original authenticity materials or licence documents. As the defendants did not cross-examine the witness or effectively rebut the evidence, the HC accepted the plaintiffs' version and held that the plaintiffs were entitled to relief. A decree of permanent injunction was granted, damages were awarded, and costs followed.

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Issues: Whether the plaintiffs proved copyright ownership and infringement so as to be entitled to a decree of permanent injunction, damages, rendition of accounts and costs.

Analysis: The plaintiffs produced copyright registration material and other supporting documents to establish ownership in the software works. Their evidence further showed that the defendants were selling computers with unauthorised loading of the plaintiffs' software, without original authenticity materials or licence documents. The evidence remained unrebutted because the defendants did not cross-examine the witness or effectively contest the claim, and the Court accepted the plaintiffs' version on the record.

Conclusion: The plaintiffs proved infringement and entitlement to relief. A decree for permanent injunction was granted, damages of Rs. 2 lakh were awarded, and costs were also granted.

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