Note: The arguments of the Defendants were not mentioned as the case was proceeded against ex parte.

Facts:

• Microsoft Corporation (Plaintiff no. 1), established in 1975 in the USA, renowned as the leading software publisher for personal and business computing globally. Plaintiff no. 2 i.e. Microsoft Corporation India Private Ltd, its subsidiary, was established in 1989.
• The Plaintiffs were registered owners of the "MICROSOFT" trademark in India, specifically in Classes 9 and 16.
• Kurapati Venkata Jagdeesh Babu, the Defendant filed a trademark application ( the impugned application) for the mark “MICROSOFT MULTIMEDIA” dated 22nd April, 2009 in class 41 for services about education and training.
• When the Plaintiffs contested the Defendant's trademark application before the Registrar of Trade Marks, the Defendants subsequently withdrew their application for registering the contentious mark.
• Plaintiffs filed a lawsuit seeking a permanent injunction, prevention of trademark and trade name infringement, passing off, accounting for profits, delivery up, and damages against Defendants.
  

Main issue:

Whether there was an infringement on the part of Defendant?