Delhi High Court - Orders
The Foundry Visionmongers Limited vs Maya Digital Studios Private Limited & ... on 26 May, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 201/2022 & I.A. 8471/2022
THE FOUNDRY VISIONMONGERS LIMITED ..... Plaintiff
Through: Mr. Pravin Anand, Mr. Shatanu
Sahay, Ms. Imon roy and Mr. Apoorv
Bansal, Advocates. (M:8210095739)
versus
MAYA DIGITAL STUDIOS PRIVATE LIMITED
& ORS. ..... Defendants
Through: Mr. Saurabh Srivastava, Advocate for
D-1 to 3. (M:9873431152)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 26.05.2022
1. This hearing has been done through hybrid mode. I.A.8471/2022 (u/O XXIII Rule 23 CPC)
2. This is an application under Order XXIII Rule 3 CPC filed jointly by the parties.
3. The present suit has been filed by the Plaintiff - The Foundry Visionmongers Limited, against the following;
i. Maya Digital Studios Private Limited - Defendant No.1, ii. Cosmos Maya India Private Limited - Defendant No.2, iii. Mr. Ketan Chandrakant Mehta, Director, Maya Digital Studios Private Limited - Defendant No.3.
4. Ld. counsel for the Defendants submits that the Defendant No.2 is the current name of Defendant No.1 and they are one and the same entities. Thus, the present application would be for recording the settlement between CS (COMM) 201/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI the Plaintiff and the Defendant Nos.2 & 3, being the current entity, Cosmos Maya India Private Limited, and also the Director of the current entity, respectively.
5. The present suit has been filed against the Defendants as they have been using unlicensed/pirated software programs belonging to the Plaintiff, namely 'NUKE', 'NUKE X' and 'NUKE STUDIO'. The Plaintiff has filed the present suit for permanent injunction for the protection of its rights in the aforementioned computer software programs, which are used for the purpose of visual effects (VFX) by industry segments including animation, architectural engineering, construction, gaming, graphic designs etc. Plaintiff's software constitutes literary work under the Copyright Act, 1957 and their software programs have also been registered under the relevant provisions of the U.S Copyright laws.
6. The Defendants are ex-licensees of the Plaintiff. However, the case is that the Defendant has failed to pay the rental amounts for the Plaintiff's software. Moreover, the Plaintiff has learnt that the unauthorized versions of the Plaintiff's software are being used by the Defendant's.
7. As per the present application, the Defendants have acknowledged the ownership of the Plaintiff's rights in the software programs, 'NUKE', 'NUKE X', 'NUKE STUDIO'. They have undertaken to use only the genuine/ authorized version of the Plaintiff's software. The Defendants have also agreed to obtain 15 licenses of 'NUKE' software programs on an annual renewal basis. The said licenses have already been purchased. The purchase order is also on record, dated 22nd April, 2022.
8. The Court has perused the terms of settlement. The same are lawful and there is no impediment in recording the settlement. The settlement CS (COMM) 201/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI application has been duly signed by the parties and their respective counsels. All the parties and anyone acting for, and on their behalf shall be bound by the terms of the settlement.
9. Accordingly, the suit is decreed in terms of paragraph 1(a) to 1(f) of the settlement application. Decree sheet be drawn up accordingly.
10. Accordingly, I.A.8471/2022 is allowed and disposed of.
11. As the disputes have been amicably resolved between the parties at the initial stage, 50% of the court fee is directed to be refunded to the Plaintiff.
12. All pending applications are also disposed of.
13. The next date of hearing fixed in the matter shall stand canceled.
PRATHIBA M. SINGH, J.
MAY 26, 2022/dk/ss CS (COMM) 201/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI