Delhi High Court - Orders
The Foundry Visionmongers Limited vs Vaw World Innovation Private Limited & ... on 26 May, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 355/2023
THE FOUNDRY VISIONMONGERS LIMITED ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Imon Roy,
Mr. Apoorv Bansal and Ms. Shreya
Shukla, Advocates.
versus
VAW WORLD INNOVATION PRIVATE LIMITED & ORS.
..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 26.05.2023 I.A. 10491/2023 (seeking leave to file additional documents)
1. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
2. Plaintiff, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.
3. Disposed of.
I.A. 10492/2023 (seeking exemption from filing originals, certified copies, clearer copies, translated copies, left side margins, etc.)
4. Exemption is granted, subject to all just exceptions.
5. Plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
CS(COMM) 355/2023 Page 1 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:52:21
6. Disposed of.
CS(COMM) 355/2023
7. Let the plaint be registered as a suit.
8. Upon filing of process fee, issue summons to Defendants by all permissible modes. Summons shall state that the written statement(s) shall be filed by Defendants within 30 days from the date of receipt of summons. Along with the written statement(s), Defendants shall also file affidavit(s) of admission/denial of the documents of Plaintiff, without which the written statement(s) shall not be taken on record.
9. Liberty is given to Plaintiff to file replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by Plaintiff, affidavit(s) of admission/denial of documents of Defendants, be filed by Plaintiff, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
10. List before the Joint Registrar for marking of exhibits on 28th August, 2023. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
11. List before Court for framing of issues thereafter.
I.A. 10490/2023 (u/Order XXXIX Rules 1 & 2 r/w Section 151 of the Code of Civil Procedure, 1908)
12. Plaintiff has filed the present suit for a decree of permanent injunction against Defendants for infringement of copyright and piracy of its "NUKE" and "NUKE X" software programmes and other ancillary reliefs.
CS(COMM) 355/2023 Page 2 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:52:21
13. The case, as set out in the plaint, is as follows:
13.1. Plaintiff, a company based in United Kingdom, has developed various software programmes visual effects ["VFX"] and image processing technologies, including "NUKE", "NUKE X", "NUKE STUDIO" and "NUKE RENDER", which are applied inter alia for visual effects in motion pictures, animations, commercials, broadcast post-production [hereinafter collectively, "the Software"]. The Software are widely used in television and commercial productions, including various popular Hollywood and Bollywood movies. They provide day-to-day workflow and ensure highest visual effects, and are used by major studios, production facilities, independent boutique companies etc. 13.2. The Software were developed by Plaintiff's employees during the course of their employment, and thus, Plaintiff is the owner of copyrights vested therein.
13.3. To curb piracy and unauthorised use, customers are required to enter into an End-User License Agreement ["EULA"] prior to installation on their computer devices. Customers then receive a license-key on their registered e-mail addresses, and the Software are installed upon successful verification.
Additionally, Plaintiff has devised a "phone home" technology/ mechanism, which is built into the Software and verifies whether the same is being used in accordance with the terms of EULA by recording certain information such as Media Access Control ["MAC"] address, number of times a pirated/ unauthorised copy of the Software is used (i.e., infringement hits), IP address etc. 13.4. Defendant No. 1 - Vaw World Innovation Private Limited, is a visual effects studio, offering special effects and animation solutions to their CS(COMM) 355/2023 Page 3 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:52:21 customers. They maintain an interactive website "www.vawworldstudios.com" as also profiles on third-party social media websites such as LinkedIn and Facebook. Defendants No. 2 to 4 are stated to be Directors of Defendant No. 1.
14. Mr. Pravin Anand, counsel for Plaintiff, submits that Defendants have not purchased any licenses for Plaintiff's "NUKE" and "NUKE X" software and are using pirated versions of the Software on their computer systems for business purposes, without Plaintiff's consent and in violation of EULA.
15. The Court has considered the afore-noted. The unauthorised use of the Software by Defendants has been confirmed by the 'infringement hits' traced from Plaintiff's phone home technology. As detailed in paragraph No. 37 of the plaint, a total of 3729 infringement hits have been detected on 18 computer systems of Defendants. Therefore, the Plaintiff has, on a prima facie basis, demonstrated that Defendants are using pirated/ unauthorised versions of the Software and is thus, entitled to an ex-parte ad-interim injunction. The balance of convenience lies in favour of Plaintiff and against the Defendants, and in case the injunction is not granted, Plaintiff will suffer an irreparable loss.
16. Accordingly, till the next date of hearing, the Defendants and all others, acting for and on their behalf are restrained from:
(a) Directly or indirectly using or reproducing and distributing any pirated/ unlicensed/ unauthorized copies of "NUKE and NUKE X" software programmes in respect of any kind of computer related activities, which amounts to infringement of Plaintiff's copyright in the Software or contravention of the terms of EULA or causes or enables or assists others to infringe the copyright of the Plaintiff in the Software and their various CS(COMM) 355/2023 Page 4 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:52:21 versions developed by the Plaintiffs.
(b) Directly or indirectly formatting the computer systems and/or erasing any data, log files, installations etc. of the Software viz. "NUKE and NUKE X".
17. List on 30th October, 2023.
SANJEEV NARULA, J MAY 26, 2023 d.negi CS(COMM) 355/2023 Page 5 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:52:21