Relief to IndiaMART subsidiary Busy Infotech in intellectual property case

Legal action taken against violation of intellectual property rights by Xpert Tricks Softwares & others for commercial gains

The Delhi High Court has granted relief to Busy Infotech, a subsidiary company of IndiaMART, in the ongoing legal battle with Xpert Tricks Softwares and others in an Intellectual Property infringement case.

The Court restrained Xpert Tricks Software from reproducing/storing/installing/issuing copies/selling/offering for sale/downloading and/or using any pirated/unlicensed/crack version of Busy’s software. The court restrained the use of its trademark ‘Busy’.

Busy Infotech, incorporated in 1997, is an on-premise ERP (Enterprise Resource Planning) and Accounting Software Company dealing in software development and marketing.

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 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, that is, software products including BUSY are sold with a ‘soft’ version of the Software Licence 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 Licence Agreement.

According to the plaintiff, the defendants were offering a cracked version of the software to small businesses illegally.

The present suit has been filed seeking a permanent injunction restraining the defendants from reproducing, storing, installing, or using any pirated or unlicensed version of BUSY software and its various versions or editions resulting in copyright infringement. The plaintiff also sought to stop the usage of the trademark ‘Busy’.