In the case of MSC Software Corporation & Anr
Vs. S. Ramanathan & Anr CS(COMM) 1675/2016 & IA
No.16124/2016 at the High Court of Delhi, the
Plaintiffs (“MSC Software”) claimed that the Defendant,
Automotive Test Systems (“ATS”), was using its software
without any license or authorization which amounted to infringement
of its rights over the software. It prayed before the court for:
(a) an order of permanent injunction against ATS, (b) an order for
recovery of damages, including any commercial benefit drawn by ATS
from such unauthorized use.
ATS contended that it did not permit anyone in its office to use
or download any pirated/unlicensed software. However, when it
received a notice from MSC Software and conducted an internal
enquiry, it found that one of its trainees had used the software
for his personal projects. ATS immediately directed the software to
be deleted. ATS admitted that it was in fact one of its employees
who downloaded the software for a trainee, and
