IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  
  
  CS(OS) 1725/2012
  
  
  
  SONY COMPUTER ENTERTAINMENT
  
  EUROPE LTD ..... Plaintiff
  
  Through: Mr.Pravin Anand, Mr.Shrawan,
  
  Mr.Shantanu Sahay and Mr.Nischal
  
  Anand, Advocates
  
  
  
  
versus
  
  
  
  HARMEET SINGH and ORS ..... Defendant
  
  Through
  
  
  
  CORAM:
  
   HON'BLE MR. JUSTICE G.S.SISTANI
  
  
  
   O R D E R
  
   31.05.2012
  
  I.A. No. /2012 (TO BE NUMBERED)
  
  This is an application seeking exemption from filing original /
  certified and clearer copies of the documents. Let the original
  documents and certified copies be filed and illegible copies of the
  documents be replaced before the next date of hearing.
  
  Application stands disposed of.
  
  CS(OS) 1725/2012 and I.A. 10968/2012 (STAY)
  
  This is suit for permanent injunction, restraining infringement of
  copyright, infringement of trademark, passing off, rendition of accounts,
  damages, delivery up etc.
  
  Counsel for the plaintiff submits that plaintiff is an affiliated
  
  company of Sony Computer Entertainment, Inc. and it carries on business and handles the research and development, production and sales of both
  hardware and software for the PlayStation line of handheld and home
  consoles which include PlayStation game console, the PlayStation2
  computer entertainment system, the PlayStation Potable handheld
  entertainment system, PlayStation3 system and PlayStation Vita handheld
  entertainment system. The plaintiff has also introduced various hard-
  wares and soft-wares to be used on the PlayStations and other home
  entertainment systems. The plaintiff had also launched amongst others
  Uncharted : Drake?s Fortune, Uncharted 2 : Among Thieves, Uncharted 3 :
  Drake?s Deception God of War, Resistance, Killzone, Infamous, Gran
  Turismo, amongst other games as well.
  
  Counsel for the plaintiff submits that defendants are selling the
  home entertainment systems of the plaintiff by making modifications and
  up-loading pirated soft-wares in the form of games to the computer, by
  which the copyright of the plaintiff has been infringed. It is also
  submitted that plaintiff is the registered proprietor of various
  trademarks, details of which have been extracted in the plaint. Counsel
  has also explained in the plaint, how the defendants systematically un-
  lock the system and modify the original equipments of the plaintiff and
  make it ready for use with the pirated soft-ware. It is also submitted
  that the defendants are using a soft-ware known as ?Jailbreak? with a
  view to breaking the encrypted code on the original machines and making
  them ready to be used for up-loading all pirated games which are also
  being provided by the defendants at an extra cost. This act of
  overriding the encrypted code by introducing the
  
  CS(OS) 1725/2012 2/6
  
  
  
  Jailbreak software amounts to circumvention of Technological Protection
  measures which in turn violates the copyright of the plaintiff in
  software of its operating system. Counsel for the plaintiff also submits
  that circumvention of technological protection measures has also been
  recognized by Copyright Amendment Bill which was passed by the Parliament
  on 17th May, 2012 and is currently awaiting notification. The effect of
  this illegal act of the defendant is primarily two folds: firstly the
  original machines of the plaintiff are being modified without their
  consent; and secondly the defendants are infringing the copyright of the
  plaintiff by introducing pirated games which are without the licence and
  consent of the plaintiff. Counsel for the plaintiff has also relied on
  the discrete investigation, which was carried out by the investigators of
  the plaintiff, who purchased the modified console from one of the
  defendants. The act of the defendants is in clear violation of the
  Trade-mark Act and Copy Right Act. In these circumstances, the plaintiff
  has prayed for an ad interim injunction against defendants.
  
  Issue summons in the suit and notice in the application to
  defendants, returnable on 12.09.2012.
  
  I have heard counsel for the plaintiff and perused the plaint,
  
  application and the documents. I am satisfied that this is a fit case for grant of ex parte injunction. Till the next date of hearing
  defendants, their directors, officers, servants and agents are restrained
  from using, copying, selling, offering for sale, distributing, hard-disk
  loading, modifying the
  
  CS(OS) 1725/2012 3/6
  
  
  
  processing unit of the consoles, circumventing the technological
  protection measures issuing to the public, counterfeit/ unlicensed
  versions of software program/ games of the plaintiff, in any manner,
  amounting to infringement of plaintiff?s copyright. The defendants,
  their directors, officers, servants and agents and all others, are
  further restrained from altering the condition of the PlayStation3
  consoles in such a manner, amounting to infringement of the plaintiff?s
  registered trademarks ?PlayStation and the logo.
  
  Plaintiff will comply with the provisions of Order 39 Rule 3 CPC
  within three weeks days. DASTI.
  
  I.A. 10969/2012
  
  By this application, applicant, plaintiff prays for appointment of
  the Local Commissioners with direction to visit the premises of the
  defendants at (i) Samurai Corner, 146, Gaffar Market, Karol Bagh, New
  Delhi-110 005, (ii) Kalra Electronics, 125, Gaffar Market, Karol Bagh,
  New Delhi-110 005; and (iii) Kid?s Corner, Shop No.43, RNA Shopping
  Arcade, Swami Samarth Nagar, Lokhandwallah Complex, Andheri (West),
  Mumbai-400 058, in view of the fact that plaintiff apprehends that once
  the defendants are served with order of injunction, the defendants will
  remove the infringing goods from their premises in an attempt to destroy
  and remove the evidence which will frustrate the very purpose of the
  present proceedings.
  
  I find force in the submission of counsel for the plaintiff.
  Accordingly, Mr.Siddharth Barwah, Adv. (Cell No.9899040660) is appointed
  
  
  
  CS(OS) 1725/2012 4/6
  
  as a Local Commissioner, who is directed to visit the premises of
  defendant at Samurai Corner, 146, Gaffar Market, Karol Bagh, New Delhi-
  110 005; Mr.Yogesh Bhatia, Adv. (Cell No.9650479991) is appointed as a
  Local Commissioner, who is directed to visit the premises of defendant at
  Kalra Electronics, 125, Gaffar Market, Karol Bagh, New Delhi-110 005; and
  Mr.Prashant Mehta, Adv. (Cell No.9999590003) is appointed as a Local
  Commissioner, who is directed to visit the premises of defendant at Kid?s
  Corner, Shop No.43, RNA Shopping Arcade, Swami Samarth Nagar,
  Lokhandwallah Complex, Andheri (West), Mumbai-400 058. Local
  Commissioners are directed to inspect the Hard Disks of the computer
  
  systems, compact discs (CDs) and/ or other storage media, with the help of Technical Experts, and representative of the plaintiffs and also make
  an inventory of the same, and to determine if they contain pirated/
  counterfeit / unlicensed versions of the plaintiffs? software programs/
  games or any Jailbreak software used to circumvent the technology
  protection measures in the PlayStation3, and if so, then seize and seal
  the computer hard disks, compact discs (CDs), and/ or other storage media
  as found to contain such unlicensed/ pirated / counterfeit version of any
  of the plaintiffs? software programs, and hand over the same on superdari
  to the defendants. The local commissioners will inspect the books of
  accounts including ledgers, cash books, purchase and sale records. The
  fee of the Local Commissioners who will visit the premises of the
  defendant at Delhi is fixed at Rs.60,000/- and the fee of the Local
  
  CS(OS) 1725/2012 5/6
  
  
  
  Commissioners who will visit the premises of the defendant at Mumbai is
  fixed at Rs.75,000/-. Local commissioners will be entitled to take
  photographs and are also entitled to seek police assistance. Local
  Commissioners shall file his report before the next date of hearing.
  
  
  
  
  
  G.S.SISTANI, J
  
  MAY 31, 2012
  
  ssn
  
  
  
  
  
  
  
  CS(OS) 1725/2012 6/6
  
  
  
  
  
  15
  
  $