ATYATI TECHNOLOGIES PRIVATE LIMITED vs COGNIZANT TECHNOLOGY SOLUTIONS U.S. CORPORATION

Judgment text excerpt

025:BHC-OS:2-DB Megha comapl_19140_2024_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL (L) NO.19140 OF 2024 WITH INTERIM APPLICATION (L) NO.19143 OF 2024 IN COMMERCIAL APPEAL (L) NO.19140 OF 2024 Atyati Technologies Private Limited ...Appellant (original Plaintiff) V/s. 1.Cognizant Technology Solutions U.S. Corporation. 2. Cognizant Technology Solutions India Private Limited ...Respondents ______________ Mr. Ravi Kadam, Senior Advocate with Mr. Hiren Kamod i/b Mr. Abhishek Adke for the Appellant. Mr. Virag Tulzapurkar, Senior Advocate with Mr. Rashmin Khandekar, Ms. V. Mohini, Ms. Aarti Aggarwal & Mr. Karan Khiani & Mr. Rohan Lopes i/b. Ms. Rashmi Singh & Mr. Karan Khiani for Respondent No.1. Mr. Rashmin Khandekar with Ms. V. Mohini, Ms. Aarti Aggarwal, Mr. Karan Khiani, and Mr. Rohan Lopes i/b. Ms. Rashmi Singh and Mr. Karan Khiani for Respondent No.2. ______________ CORAM: ALOK ARADHE, CJ. & SANDEEP V. MARNE, J. Judgment reserved on: 19 AUGUST 2025. Judgment pronounced on: 26 AUGUST 2025. Page No. 1 of 34 August 2025 Megha comapl_19140_2024_fc.docx Judgment : (PER: SANDEEP V. MARNE, J.) 1) This is an Appeal under the provisions of Section 13(1-A) of the Commercial Courts Act, 2015 challenging the order dated 13 June 2024 passed by the learned Single Judge of this Court in Interim Application (Lodging) No.7958 of 2024 in Commercial IP Suit (L) No.7897 of 2024, by which the ad-interim injunction granted in favour of the Appellant/Plaintiff on 19 March 2024 has been discontinued. 2) The Suit is instituted by the Appellant-Plaintiff alleging infringement of its copyright in ‘ATYATI’ Device Mark, infringement of the Plaintiff’s registered ATYATI Device Mark and ATYATI registered Trademark as well as for the tort of