Delhi High Court grants ex-parte ad-interim injunction to Busy Infotech, a subsidiary of IndiaMART in the ongoing IP Rights violation case.

• Legal action taken against violation of intellectual property rights of against Xpert tricks softwares & Ors (Defendant no.1-16 & 25) for commercial gains

• Restraint also sought from any infringement of the registered trademark ‘BUSY’

New Delhi: BUSY INFOTECH, a subsidiary company of IndiaMART Intermesh limited has been granted an ex-parte ad-interim injunction by the Delhi court in the going legal battle of with XPERT TRICKS SOFTWARES & ORS. The Court has restrained XPERT TRICKS SOFTWARE from reproducing/storing/installing/issuing copies/selling/offering for sale/downloading and/or using any pirated/unlicensed/crack version of Plaintiff’s BUSY software and its various versions/editions, which results in infringement of Busy’s copyright or using the trademark ‘BUSY’.

Busy Infotech, incorporated in 1997, is a leading on-premise ERP (Enterprise Resource Planning) and Accounting Software Company dealing in software development and marketing. It is averred that “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”.

Delhi High Court passed an order for the suit filed by Busy Infotech (Plaintiff) in which the company sought to protect its software ‘BUSY’ from any infringement. In the suit filed by the Plaintiff, it was stated that 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 defendants were offering a cracked version of the software to small businesses illegally. Defendant No. 1 even had a direct payment link to get its customers.

The present suit has been filed seeking permanent injunction restraining Defendants No. 1 to 16 and 25 as per the order and all others acting on their behalf from reproducing, storing, installing or using any pirated or unlicensed version of BUSY software and its various versions or editions resulting in copyright infringement. Restraint is also sought from infringement of the registered trademark ‘BUSY’.

Filing the case, it is claimed that Defendants No. 1 to 16 and 25 are infringing the valuable intellectual property rights of the Plaintiff 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. Plaintiff has learnt that the said Defendants have sold approximately 48,000 infringing copies of Plaintiff’s 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.