Delhi High Court - Orders
Busy Infotech Pvt Ltd vs Xpert Tricks Softwares & Ors on 4 January, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 747/2022
BUSY INFOTECH PVT LTD ..... Plaintiff
Through: Mr. Nitin Sharma, Ms. Deepika
Pokharia and Mr. Naman Tandon,
Advocates.
versus
XPERT TRICKS SOFTWARES & ORS. ..... Defendants
Through: Mr. Tushar Pahwa, Mr. Gaurav
Pahwa and Ms. Divya Charaya,
Advocates for D-37.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 04.01.2024 I.A. 24521/2023(under Section 151 of CPC seeking exemption from advance service to Defendants)
1. Counsel for Plaintiff draws attention to the fact that advance service on the Defendants was exempted when they were originally impleaded in the present suit. Further, considering the fact that Plaintiff is seeking an ex- parte ad interim injunction against Proposed Defendant Nos. 44-461, request for exemption from advance service to the aforesaid Proposed Defendants is allowed.
2. Disposed of.
I.A. 24520/2023(under Section 151 of CPC seeking directions to Cyber 1 Serial Nos. 49-51 of the Amended Memo of Parties dated 15th December, 2023 CS(COMM) 747/2022 Page 1 of 8 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 06/01/2024 at 21:55:30 Cell, Economic Wing, Delhi)
3. Counsel for Plaintiff, after making submissions, seeks to withdraw the present application, with liberty to take recourse to other remedies as are available under law.
4. Dismissed as withdrawn, with liberty as aforesaid.
I.A. 24265/2023(under Order I Rule 10 r/w Section 151 of CPC on behalf of Plaintiff)
5. Through the present application, Plaintiff seeks to implead Proposed Defendant Nos. 44 to 46.
6. The case of Plaintiff is that Proposed Defendant No. 44- Yogesh Dua, trading as Expert Computer Systems, is also offering and soliciting sale of unlicensed and pirated 'BUSY' software. The said Defendant additionally operates a website2 offering sale of such software. Plaintiff learnt about the infringing activities of the Proposed Defendant No. 44 through the inquiries conducted by the Local Commissioner, pursuant to order dated 13th March, 2023. Likewise, proposed Defendant Nos. 45 (Daya Shankar) and 46 (Nitin Tiwari) also indulge in offering and soliciting sale of unlicensed and pirated versions of 'BUSY' software. The details of their infringing activities are set out in the application.
7. Considering the nature of averments made in the application, the same is allowed. Proposed Defendant Nos. 44 to 46 are added to array of parties.
8. Disposed of.
I.A. 24519/2023(u/O XXXIX Rules 1 and 2 r/w Section 151 of CPC) CS(COMM) 747/2022 Page 2 of 8 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 06/01/2024 at 21:55:30
9. This Court has already passed an order dated 28th October, 2022 granting an ex-parte ad-interim injunction restraining original Defendants from dealing with Plaintiff's 'BUSY' software and its versions and editions. Considering the fact that Plaintiff has now learnt about unlawful activities of newly impleaded Defendants, it is prayed that ex-parte injunction order should also apply to them.
10. Plaintiff, in the present application, has alleged the following against the Defendants listed below:
Defendant No. 21 Offline IT Agency: operates an infringing website <https://busysoftwareshop.com/>, unauthorised use of registered trademarks of Plaintiff.
Infringing Link: <https://busysoftwareshop.com/> DNR: GoDaddy.com, LLC Defendant No. 22 Sagar Khatik: an individual engaged in the sale of unlicensed/crack/pirated versions of Plaintiff's BUSY software.
Defendant No. 23 C Tech Solutions: an entity offering and soliciting sale of unlicensed and pirated BUSY software. Defendant No. 24 Kakao Corp, is the registrant of the domain name <https://www.tistory.com/> and through its webpage <https://downloadgp.tistory.com/6>, it offers free download of the crack/unlicensed versions of the Plaintiff's BUSY software.
Infringing Link: <https://downloadgp.tistory.com/6> 2 <https://www.expertcomputersystem.weebly.com/> CS(COMM) 747/2022 Page 3 of 8 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 06/01/2024 at 21:55:30 DNR: Megazone Corp. (Defendant No. 31) Defendant No. 25 Vimeo Inc., a video sharing website, purportedly offers free crack/unlicensed versions of the Plaintiff's BUSY software download through webpage <https://vimeo.com/694330241>.
Infringing Link: <https://vimeo.com/694330241> DNR: MarkMonitor Inc. (Defendant No. 32) Defendant No. 26 Defendant No. 26, is the registrant of the domain name <https://www.board-directory.net/> and through its webpage <https://support4busy.board-directory.net/f1- download-busy-winwith-crack> offering free download of the crack/unlicensed versions of the Plaintiff's BUSY software. The said Defendant is further making use of the Plaintiff's registered marks on the said webpage. Infringing Link: <https://support4busy.board- directory.net/f1-download-busy-winwith-crack> DNR: GoDaddy.com, LLC Defendant No. 27 Defendant No. 27 is operating a website <https://getitintopc.com/> and offering crack/unlicensed versions of the Plaintiff's BUSY software through its webpage <https://getitintopc.com/busy- software- download-for-pc/>. The said Defendant is also further making use of the Plaintiff's registered trademarks on the its webpage.
Infringing Link: <https://getitintopc.com/busy-CS(COMM) 747/2022 Page 4 of 8
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 06/01/2024 at 21:55:30 software-download-for-pc/> DNR: Namecheap Inc. (Defendant No. 17) Defendant No. 28 Defendant No. 28 is operating a website <https://cracksurl.com/> and through its webpage <https://cracksurl.com/tag/busy-17-universal-patch/> offering free download of the crack/unlicensed versions of the Plaintiff's BUSY software.
Infringing Link: <https://cracksurl.com/tag/busy-17- universal-patch/> DNR: Namecheap Inc. (Defendant No. 17) Defendant No. 29 Defendant No. 29 is an entity operating the website <https://crackrequest.net/>. The said Defendant through their respective infringing webpages <https://crackrequest.net/2022/01/21/busywin-21-rel-4- 3cracked/> offers free download of the crack/unlicensed versions of the Plaintiff's BUSY software.
Infringing Link:
<https://crackrequest.net/2022/01/21/busywin-21-rel-4- 3cracked/> DNR for Defendant No. 29: PDR Ltd. (Defendant No.
33) Defendant No. 30 Defendant No. 30 is an entity operating the website <https://www.rssing.com/>, whereby free download of the crack/unlicensed versions of the Plaintiff's BUSY CS(COMM) 747/2022 Page 5 of 8 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 06/01/2024 at 21:55:30 software is offered.
Infringing Links: <https://ehacks606.rssing.com/chan- 73773021/index-latest.php>, <https://ehacks606.rssing.com/chan-73773021/latest- article1.php>, <https://ehacks606.rssing.com/chan- 73773021/latest-article2.php>, <https://ehacks606.rssing.com/chan-73773021/latest- article3.php> and <https://ehacks606.rssing.com/chan-73773021/latest- article4.php>.
DNR for Defendant No. 30: Tucows Domains Inc. (Defendant No. 34)
11. Considering the documents placed on record and the averments made in the application, the Court is satisfied that a prima facie case is made out in its favour and in case no ex-parte ad-interim injunction is granted, Plaintiff will suffer an irreparable loss; balance of convenience also lies in favour of Plaintiff.
12. Accordingly, it is directed that:
(i) Till the next date of hearing, Paragraph 23 of the injunction order dated 28th October, 2022 is extended to Defendant Nos. 21-23, 35, 38, 39, 43 and 44-46 as per amended memo of parties dated 15th December, 20233.
(ii) The DNRs are directed to lock and suspend respective domain CS(COMM) 747/2022 Page 6 of 8 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 06/01/2024 at 21:55:30 names/web pages marked as 'Infringing Links', thereby bringing down the websites.
(iii) The DNRs shall also disclose the details of the persons who have registered these domain names including any KYC details, credit card information, etc., which may be available if Defendants have availed of cloud services or any other services from the said DNRs.
13. Compliance of Order XXXIX Rule 3 of CPC be done with one week from today.
14. List before the Court on 06th March, 2024.
CS(COMM) 747/2022
15. Let summons in the suit be served on newly impleaded Defendants No. 44 to 46, who are reflected at Serial Nos. 49 to 51 as per amended memo of parties dated 15th December, 2023.
16. Counsel for Plaintiff states that in light of undertakings given by 36 (SB Gold and Diamond), 37 (Madan Mohan Bhayana), 40 (Neeraj Mahajan), 41 (Gopi Kishan Sharma) and 42 (Udit Jain) before the Local Commissioner, he has instructions not to press for any further reliefs against the said Defendants. The undertakings, which are part of Local Commissioner's report and also confirmed by counsel for Defendant No. 37 (Madan Mohan Bhayana, trading as Bharti Udyog), are taken on record and shall bind the said parties. Accordingly, the said Defendants are deleted from array of parties. Let amended memo of parties be filed within one week from today.
17. List before the Joint Registrar for completion of service of summons on newly impleaded Defendants as well as pleadings qua them on 02nd 3 Filed pursuant to orders of this Court dated 08th December, 2023.
CS(COMM) 747/2022 Page 7 of 8This 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 06/01/2024 at 21:55:30 February, 2024.
18. List before the Court on 06th March, 2024.
19. The next date of hearing fixed, i.e., 30th January, 2024 stands cancelled.
SANJEEV NARULA, J JANUARY 4, 2024 d.negi CS(COMM) 747/2022 Page 8 of 8 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 06/01/2024 at 21:55:30