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4. The plaintiff also enjoys the ownership in the trade mark 'Microsoft' which was adopted in the year 1970 and the plaintiff has used this trade mark continuously and extensively. 'Microsoft' is not only used as trade mark but also as a prominent/key and leading portion of its corporate name. This trademark is registered in India in the name of the plaintiff in classes 9 and 16 and bear the registration numbers 430449B and 430450B respectively.

5. Concerned by the counterfeiting and piracy of the plaintiff's hardware and software, the plaintiff asserts that it had conducted investigation into this aspect. During such investigation it found that vide range of pirated programmes and software of the plaintiff were available. Such pirated software programs are clearly distinguishable from the original software supplied by the plaintiff. The following are the distinguishing features:

(v) each product of the plaintiff contains a specific software license to use the said product. Pirated copies obviously have no such genuine license.

From the above features, it becomes quite easy to distinguish the pirated software from the original software of the plaintiff.

The plaintiff's software are also pirated by way of hard-disk loading, which is one of the most damaging form of piracy to the plaintiff. In hard-disk loading, a computer dealer or seller usually loads/installs an unlicensed copy of the plaintiff's software onto the hard drives (HDD) of the computer which are purchased by the customers. The computer dealer in such circumstances usually does not charge any price for the plaintiff software, but occasionally many charge a meagre sum for software installation, thus, making the computer purchase very attractive for the purchasing customers. The customers may or may not realise that the software copy loaded onto his/her computer is an illegal copy, making him/her liable for copyright infringement.

Additionally, such computer dealers also avoid giving the final purchase invoice for a computer unit, but instead adopt the practice of making invoices for computer parts so that they can take the defense that they never sold the computer to the customer with pirated software but instead only sold parts. Such unscrupulous computer dealers do not realise that a normal customer will never buy computer parts so as to assemble the computer himself/herself since it is highly technical and cumbersome in nature. Although, such evasive practices are illegally motivated to put up a farce defense, such an act proves their intentional and blatant participation in these piracy activities.

Operating System:
Microsoft Windows XP Professional Version 2002 Registered to : Intel Registration No. : 55274-640-6289953-23868 Application Software:
 Microsoft Office 2002
(Word, PowerPoint, Excel, FrontPage, Access & Outlook)
Licensed to           :           Intel
Product ID No.        :           54185-640-0000025-17195
These were found to be unlicensed and/or pirated versions of the plaintiff's software and pirated in view of the following, inter alia, distinguishing features: