Ex-parte ad-interim injunction Restraining Illicit use of NUKE’s Software

Copyright infringement of software programs Nuke and Nuke X of The Foundry VisionMongers

The Foundry VisionMongers Limited filed an lawsuit stating that the defendants have infringed the plaintiff’s copyright subsisting in the NUKE and NUKE X software programs by making illegal use of the plaintiff’s software. The main issue, in this case, was to verify if any unauthorized/unlicensed software programs of the plaintiff have been loaded/installed on the machines of the defendants.

On 14 July 2021, the Hon’ble Delhi High Court in The Foundry VisionMongers Limited v/s Resonance Digital LLP & Anr. 323/2021, granted an ex-parte ad-interim injunction in favor of The Foundry VisionMongers Limited. The Court restrained the defendants and everyone acting on their behalf from using any unlicensed program, software, and so on of The Foundry VisionMongers Limited in contravention of the terms of its End-User License Agreement (EULA), or infringing the copyrights of the plaintiff’s software including NUKE and NUKE X in any other manner.

To deal with the issue of the present case, the Court appointed Ms. Shreya Mathur as Local Commissioner. The Court further specified guidelines associated with the execution of the Commission by the local commissioner and referred both the parties to appear before the learned Mediator through a video-conferencing mechanism on 28 July 2021, at the counsels’ request. The Court also requested Mediation Centre to appoint a Senior Mediator in the present case. 

Reference: The Foundry VisionMongers Limited v/s Resonance Digital LLP & Anr. 323/2021, Delhi High Court

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