Xpert Tricks action amounts to infringement of copyright and trademarks, Busy Infotech argued.
NEW DELHI, Nov 3 (The CONNECT) - The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Busy Infotech, a subsidiary company of listed B2B marketplace IndiaMART Intermesh limited, in the going legal battle of with Xpert Tricks Softwares & Others.
The Court order can be seen above by clicking on 'Please Check Details'.
The Court has restrained Xpert Tricks Software from reproducing, storing, installing, issuing copies, selling, offering for sale, downloading and using any pirated, unlicensed, crack version of Busy Infotech’s BUSY software and its various versions and editions, which result in infringement of copyright.
Busy Infotech, incorporated in 1997, is a leading on-premise ERP (Enterprise Resource Planning) and Accounting Software Company dealing in software development and marketing. “Busy has been the pioneer in leading the industry through major changes and amendments in the regulatory and statutory framework and with the introduction of Value Added Tax (VAT) in 2005 in Delhi, Busy was amongst the first software Companies to provide a VAT-compliant software and likewise in 2017 for GST,” the company said.
The Delhi High Court passed an order in the suit filed by Busy Infotech (Plaintiff) seeking to protect its software ‘BUSY’ from any infringement. BUSY, a GST/VAT compliant Business Accounting Software has more than 300,000 licenses sold in over 20 countries.
All computer programmes i.e. software products including BUSY are sold with a ‘soft’ version of the Software License Agreement, Registration Card and relevant User Manuals, all contained in the original CD-ROM carrying the actual software. As per the terms of the agreement, license to use the software becomes valid only after full payment has been realised by the Plaintiff and for use of the software it is mandatory to enter into the License Agreement. The Xpert Tricks Software was offering a cracked version of the software to small businesses illegally and even had a direct payment link to get its customers.
Busy Infotech claimed that Xpert Tricks Software and others are infringing its “valuable intellectual property rights” for commercial gains by “knowingly violating” the copyright in the computer programmes not just by making unauthorize use of the same but also by installing illegal copies of the software onto multiple computer systems. Busy Infotech has learnt that the said Xpert Tricks has sold approximately 48,000 infringing copies of BUSY software, which are actively being used by end consumers. The users of such unlicensed/licensed software versions are using the authorisation keys which are not generated by the Busy.
These activities by defendants were violating the intellectual property rights of Busy for commercial gains. Software industry generally sustains on a viable licensing system and software development Companies such as the Busy spends substantial amount of money merely on research and development so that consumers may have a better choice of more advanced software. Rampant piracy/unlicensed use of such software deprives Busy a right to commercially exploit its work and also has a cascading effect on the industry. All licensed versions need to be registered and Busy provides a serial number and an activation key which is entered on the computer system in which the software is installed and work only on the computer in which the software is installed. It is obvious that Busy’s unlicensed software is in use by various end users having bought such software from the said Defendants.
The misrepresentation by the defendants was adversely affecting the reputation of the Busy since the unlicensed software often contains malware and viruses and are not covered by the warranties which are offered by the Busy. The impugned action of the defendants amounts to infringement of copyright and trademarks as well as passing off and is leading to erosion of the company’s reputation, dilution of its trademarks and financial loss.