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12. Learned counsel for first respondent drew our attention to the meaning of the words hardware and software as given in the New Webster's' Dictionary of English language. It provides hardware to mean any mechanical, electrical, or electronic equipment, as distinguished from software, that includes the manuals, procedures and specifications. Software means, in the context of computer, the program and programming support necessary to put a computer through its assigned tasks, as distinguished from hardware or the actual machine and its parts. It is clear from the meaning ascribed to these two words that, in the context of computers, hardware has to be a physical object or a tangible item whereas the software is something in the nature of ideas, design, programmes and programming support. We feel that these meanings could go to support the case of the petitioner that the first respondent is a reputed company concerned with software and software only. Learned counsel for the first respondent took us to Advent System v. Unisys Corporation, 925 F.2d 670 (3rd Circuit, 1991) wherein the circuit Judge of the US described the distinction between hardware and software in a computer system. At the outset the learned Judge has placed the entire computer machinery in the category of hardware. In order to define software, he starts his description with a note of caution as to the concept being elusive. Still he has given description thereof as understood in general parlance as to something which refers to the medium that stores input and output data as well as computer programs. The medium includes hard disks, floppy disks, and magnetic tapes. In simplistic terms, programs are codes prepared by a programmer that instruct the computer to perform certain functions. When the program is transposed on to a medium compatible with the computer's needs, it becomes software. It is clear from his description that he very definitely places the programming aspect of the computers as clearly falling within the category of software. However, as to the mediums which are carriers of that programme like hard disks, floppy disks and magnetic tapes, he has very clearly described them as to be referred as software in common parlance and not in any technical aspect of the thing.

In a case of deceptive similarity of domain names, a submission was made that since Trade and Merchandise Marks Act, 1958 allows for registration of goods only and not services, internet services are not entitled for a passing - off or infringement remedy. The court clarified that infringement remedies are available for registered trade marks only and the impugned matter relates to an unregistered mark for which common law remedy of passing -off is available, Yahoo Inc. v. Akash Arora, 1999 PTC 201 DEL. The judgment was approvingly followed in Rediff Communications Ltd. v. Cyberbooth, 2000 PTC 209 Bom. Findings in these cases lead to inescapable conclusion that all information technology related services like computer software, internet, telecommunication including radios and telephone etc., belong to service segment of the trade marks.