Microsoft Corporation & Anr vs Ms Czone Solutions & Ors on 4 April, 2022

[Cites 1, Cited by 1]

Delhi High Court - Orders

Microsoft Corporation & Anr vs Ms Czone Solutions & Ors on 4 April, 2022

Bench: Prathiba M. Singh

                                                            Signature Not Verified
                                                            Digitally Signed
                                                            By:DEVANSHU JOSHI
                                                            Signing Date:06.04.2022
                                                            06:02:31

$~1 (2020)
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+               CS (COMM) 251/2020 & I.As. 5544-45/2020
      MICROSOFT CORPORATION & ANR.            ..... Plaintiffs
                   Through: Mr. Pravin Anand, Mr. Saif Khan,
                            Mr. Shantanu Sahay, Mr. Deepank
                            Singhal, Ms. Imon Ray, Mr. Apoorv
                            Bansal, Advocates (M-9798483681)
                   versus
      MS CZONE SOLUTIONS & ORS.                  ..... Defendants
                     Through: Mr. Sumit Nagpal, Mr. Rajeev Kumar
                              Malik, Ms. Dolly Luthra & Mr.
                              Deepanshu Nainwal, Advocates for
                              D-1&2.
                              Mr. Rajat Matta, present in person.
      CORAM:
      JUSTICE PRATHIBA M. SINGH
               ORDER

% 04.04.2022

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by Microsoft Corporation, on the premise that the Plaintiffs' trademark 'MICROSOFT' is being misused by the Defendants, in an unauthorized manner, by misrepresenting and impersonating the Defendants' affiliation to the Plaintiff. Vide the previous order dated 27th August, 2020, HDFC Bank/Defendant No.3 (hereinafter "Bank") was directed to file the statement of account in a sealed cover, in respect of the bank account of Defendant No.1 for the period January, 2016 to June, 2020. The said account statement is stated to have been filed by the Bank as recorded in the order dated 8th October, 2020. Mr. Anmol Sharma, ld. Counsel for the Bank, submits that the same was filed in a sealed cover.

CS(COMM) 251/2020 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:06.04.2022 06:02:31

However, today, when an enquiry has been made in the Registry, the Court has been informed that there is no sealed cover which has been filed in the present suit.

3. Mr. Sharma, ld. counsel for the Bank, to accordingly trace the said statement of accounts and get it placed on record. I.A. 5545/2020 (u/O XI R 1(6) CPC)

4. This is an application seeking discovery from the Defendants in respect of details of various bank accounts, license agreements, assets, etc. of the Defendant.

5. Considering the nature of the matter, Mr. Rajat Matta - the sole proprietor of Defendant No.1 was directed to appear before the Court today. His statement under Order X CPC has been recorded by the Court. In view of what has been disclosed in the said statement, the discovery sought under Order XI Rule 1(6) CPC may no longer be required.

6. Accordingly, no further orders are required in this application.

7. I.A. 5545/2020 is disposed of.

I.A. 5544/2020 (u/O XXXIX Rule 1 and 2 CPC)

8. In the present case, an injunction was granted vide order dated 14th July, 2020, in the following terms:

"8. Furthermore, given the submission made by Mr. Sharma and the material placed on record, I am inclined to injunct the use of plaintiffs' trademark "Microsoft" by the defendants.

8.1 In addition thereto, defendant nos. 1 and 2 are also injuncted from using any other trademark which is deceptively similar to the plaintiffs' registered trademark.

8.2 Besides this, defendant nos. 1 and 2 are also restrained from holding themselves out as entities CS(COMM) 251/2020 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:06.04.2022 06:02:31 comprising "Microsoft professionals" which are the business of providing technical support."

9. The Plaintiffs submit that the Defendants have elaborately misrepresented their affiliation to the Plaintiffs, to various clients across the globe, and caused huge losses to the Plaintiff, as well as tarnished the Plaintiffs' reputation. On behalf of the Defendants today, it is submitted that the Defendants do not intend to use the 'MICROSOFT' name, except for the purpose of providing IT support for customers who are using the Windows platform.

10. Accordingly, list I.A. 5544/2020 for hearing on 8th August, 2022. CS (COMM) 251/2020

11. In the meantime, list this matter before the Joint Registrar for completion of admission/denial and marking of exhibits on 9th May, 2022.

12. List before the Court 8th August, 2022.

PRATHIBA M. SINGH, J.

APRIL 4, 2022 Rahul/MS CS(COMM) 251/2020 Page 3 of 3

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders