Microsoft Wins ₹55 Lakh Damages in Trademark Infringement Case

Microsoft Corporation, a renowned provider of the Windows operating system, Office 365, Azure, and various other software and hardware products, filed a lawsuit against Retnec Solutions Private Limited for trademark infringement. Microsoft has invested substantial resources in developing high-quality products and services, generating significant goodwill and establishing a strong brand globally. The company has registered trademarks for its products and services, including Microsoft, Windows, Hotmail, Outlook, and Office 365.

Retnec Solutions Private Limited was found guilty of providing illegal technical support services using Microsoft's registered trademarks without authorization. The defendants impersonated Microsoft personnel, misleading innocent customers into paying for fake services. Microsoft alleged that the defendants' actions caused irreparable harm and injury, leading to damage and dilution to their exclusive proprietary rights and goodwill in the Microsoft marks.

Microsoft Corporation and its Indian subsidiary, Microsoft Corporation India Private Limited, have been using the Microsoft marks in India since 1990, with the first international trademark registration dating back to 1979. The company has secured trademarks registrations regarding goods and services in various classes, including computer software, consumer electronics, and personal computers.

The court, presided over by Mahavir Singh, ADJ-cum-Presiding Judge, Exclusive Commercial Court, Gurugram, ruled in favor of Microsoft, awarding damages of ₹55 lakh. The judgment highlights the importance of protecting intellectual property rights and trademarks in India. The court also granted a permanent injunction, restraining Retnec Solutions Private Limited from using Microsoft's trademarks, and ordered the destruction of all infringing materials. Additionally, the court directed the defendants to render accounts of their illegal earnings and pay damages to Microsoft.

The court's decision serves as a deterrent to companies engaging in fraudulent activities and trademark infringement, emphasizing the need to protect intellectual property rights in India. The judgment underscores the importance of safeguarding well-known trademarks and preventing unauthorized use, which can cause harm to consumers and damage to the brand owner's reputation. The court's ruling reinforces Microsoft's commitment to protecting its intellectual property rights and maintaining the trust of its customers.

Microsoft Corporation & Anr. Versus Retnec Solutions Private Limited & Ors, CS-01-2022