Case Title: The Foundry Visionmongers Limited vs. Singarajan VFX Private Limited & Anr. Court: High Court of Delhi Judge: Hon'ble Mr. Justice Amit Bansal Case No.: CS(COMM) 461/2022 Date of Order: 05 May 2025 Neutral Citation:2025:DHC:3758
Fact:
The plaintiff, The Foundry Visionmongers Limited, a UK-based company specializing in VFX and image processing software, owns the copyright of its flagship software, NUKE. The software is widely used globally and in India, authorized for sale by its exclusive distributor, Ark Infosolutions. The defendants, Singarajan VFX Private Limited and its director, allegedly used unauthorized cracked or pirated versions of NUKE in their computer systems. Evidence showed infringements across multiple computers, including files and usage reports, despite the defendants' approach to buy licenses and subsequent default.
Procedural History:
The plaintiff filed a suit for permanent injunction and damages in July 2022. An ex-parte interim injunction was granted and later made absolute. The defendants did not participate in the proceedings despite service and an interim injunction, leading to proceedings ex-parte. Evidence was led by the plaintiff, including reports from a Local Commissioner confirming unauthorized use of the plaintiff’s software.
Issue:
Whether the defendants infringed the plaintiff’s copyright by using unauthorized versions of NUKE software and whether the plaintiff is entitled to damages and injunction.
Decision:
The Court found that the defendants infringed the plaintiff’s copyright in the NUKE software. They used unauthorized versions on multiple computers, gaining unlawful benefits, which resulted in copyright infringement. Consequently, the Court ordered a decree for damages of Rs. 22,60,895, and awarded costs of approximately Rs. 6,55,108. Additionally, costs in the sum of Rs. 5,00,000 were awarded to the plaintiff. The Court also granted a permanent injunction against the defendants.
