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Operating system: Microsoft Windows 7 Ultimate Registered to: Admin PC Registration No.: 00426-OEM-8992662-00400 Application Software: Microsoft Office 2007 (Access, Excel, Groove, Infopath, One Note, Outlook, Power Point, Publisher, Word) Licensed to: Admin Product ID: 89388-707-0441865-65343

16. The technical expert opined that the plaintiffs‟ programs as contained on the hard disk of the Acer eMachines brand Laptop Computer System were unlicensed and/or pirated versions of the plaintiffs‟ software programs.

18. PW1 has also deposed that the loss and damage incurred by the Plaintiffs on account of Defendant‟s copying and illegally distributing copies of the Plaintiffs‟ computer programs run into lakhs and lakhs of Rupees. Since it is difficult to quantify the "exact" monetary extent of losses, the Plaintiffs bases their claim of damages of Rs. 20 lakhs on one or more of the following factors:

(i) Actual illegal profits earned by the Defendants from selling more computers loaded with pirated software programs of the Plaintiffs;

and/or

(ii) Actual revenue lost by the Plaintiffs due to loss of sales of original software arising out of the illegal/infringing activities of the Defendants.

(iii) Damage to Plaintiffs‟ enormous reputation and goodwill in the following manner:

(a) The purchasing customers of the computers sold by the Defendants with pirated software of the Plaintiffs, will in all likelihood believe that such infringing practice of the Defendants is authorized by the Plaintiffs;

(b) If the pirated copies of the Plaintiffs software programs ever fail or get corrupted or malfunction, the Defendant‟s customers, in receipt of those programs, will accuse the Plaintiffs and their software products of being of poor quality.

Pirated software is more prone to virus attacks and malfunctions for obvious reasons.

(c) Such indiscriminate illegal duplication and distribution of Plaintiffs‟ software programs by the Defendants would doubtlessly result in the tainting of the reputation and goodwill attached to the Plaintiffs‟ famous trademark MICROSOFT and, consequently, in the erosion of the public‟s identification of this very strong mark with the Plaintiffs alone, thus diminishing its distinctiveness and prestigious connotations.