Delhi High Court - Orders
The Foundry Visionmongers Limited vs Yuva Animation Studios Private Limited ... on 25 November, 2021
Author: C.Hari Shankar
Bench: C.Hari Shankar
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 601/2021
THE FOUNDRY VISIONMONGERS LIMITED ..... Plaintiff
Through Mr. Shantanu Sahay, Mr.
Deepesh Bhardwaj and Mr. Aproov Bansal,
Advs.
versus
YUVA ANIMATION STUDIOS
PRIVATE LIMITED & ANR. ..... Defendants
Through
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 25.11.2021
I.A. 15390/2021
1. For the reasons stated in the application, the prayer for exemption from pre-institution mediation is granted.
2. The application is allowed accordingly.
I.A. 15389/2021 (Section 151 CPC for exemption)
3. Subject to the plaintiff filing legible copies of any dim or illegible documents on which it may seek to place reliance within four weeks from today, exemption as sought in this application, is granted.
4. The application is disposed of.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 601/2021 Page 1 of 5 Signing Date:30.11.2021 16:47:40I.A. 15388/2021 (Order II Rule 1(4) CPC)
5. Subject to the right of the defendants to admit or deny the same, the plaintiff is permitted to file additional documents within four weeks from today.
6. The application is disposed of.
CS(COMM) 601/2021 & I.A. 15387/2021 (Order XXXIX Rules 1 and 2 CPC)
7. The plaintiff alleges piracy, by the defendants, of the plaintiff's Visual Effects (VFX) software "NUKE, which comes in four editions, namely, "NUKE", "NUKE X", "NUKE STUDIO" and "NUKE RENDER".
8. The plaintiff was incorporated in the United Kingdom in 1996 and claims to be a leader in the business of innovation of VFX and Image Processing technologies for motion pictures, animations, commercials, among others.
9. The plaintiff distributes its "NUKE" software programmes through M/s ARK Infosolutions Pvt. Ltd., located within the territorial jurisdiction of this Court.
10. "NUKE" is stated to be the plaintiff's flagship software programme, for rendering VFX. It is stated that the software provides state of the art tools designed to streamline day to day workflow and Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 601/2021 Page 2 of 5 Signing Date:30.11.2021 16:47:40 ensure highest quality visual effects. The plaintiff claims to be the owner of the copyright in the aforesaid software programmes, which constitute the part of its 'literary work' under Section 2(o) of the Copyright Act, 1957.
11. Applying the "work for hire" doctrine, the plaint asserts that, as the software was developed by the plaintiff's employees, the plaintiff is the first owner thereof and use of the software by others would ex- facie infringe the plaintiff's copyright. It is averred, in the plaint that, in September, 2021, the plaintiff came to know that the defendants were indulging in the piracy of the plaintiff's "NUKE", "NUKE X"
and "NUKE Studio" software programmes, on a large scale, by utilising unauthorised versions of the said programmes on its computer systems for business purpose. Verification, it is asserted, revealed that the software was being used on at least 105 computer systems.
12. The plaintiff claims to have reached out to the defendants for an amicable resolution of the dispute, but to no avail.
13. As many as 7695 infringement hits are claimed to have been in existence on or before September, 2021.
14. The plaint further discloses that the defendants had purchased five Nodelocked Permanent licences for plaintiff's "NUKE" software. The maintenance on these licenses expired on 20th September, 2020. The defendants never renewed the maintenance on the said licenses.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 601/2021 Page 3 of 5 Signing Date:30.11.2021 16:47:4015. As such, the plaint asserts that the usage, by the defendants, of the plaintiff's software programmes is unauthorised as on date.
16. The plaintiff has also placed, on record, several orders passed by this Court granting ex-parte ad interim injunctions against others who were involved in piracy of the plaintiff's "NUKE" and "NUKE X" software.
17. Accordingly, issue summons in the suit.
18. Written statement, accompanied by affidavit of admission/denial of documents filed by the defendants, be filed within a period of four weeks, with advance copy to the learned counsel for the plaintiff, who may file replication thereto, if any, accompanied by affidavit of admission/denial of documents filed by the defendants within two weeks thereof.
19. List before the Joint Registrar (Judicial) for completion of pleadings, admission/denial of documents and marking of exhibits on the documents on 14th December, 2021.
20. IA 15387/2021 prays for interim interlocutory orders.
21. Issue notice on IA 15387/2021, returnable on 7th January, 2022 before the Court.
22. Response to this application, if any, be filed within four weeks Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 601/2021 Page 4 of 5 Signing Date:30.11.2021 16:47:40 with advance copy to learned counsel for the applicant/plaintiff, who may file rejoinder thereto, if any, before the next date of hearing.
23. In view of the aforesaid, till the next date of hearing, there shall be an ad interim injunction in terms of prayers a & b in this application.
24. The plaintiff is directed to comply with the provisions of Order XXXIX Rule 3 CPC within the time stipulated in that regard.
C.HARI SHANKAR, J NOVEMBER 25, 2021 r.bararia Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 601/2021 Page 5 of 5 Signing Date:30.11.2021 16:47:40