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2014 Supreme(Bom) 2523

G.S.PATEL
Photoquip India Limited – Appellant
Versus
Delhi Photo Store – Respondent


Advocates Appeared:
For the Appellant : Veerendra V. Tulzapurkar, Amit Jamsandekar
For the Respondent: Neeraj Grover, Vinod Bhagat, G.S. Hegde, V.A. Bhagat

JUDGMENT :

G.S. Patel, J.

In this copyright infringement action, the Plaintiff seeks by this Notice of Motion an order restraining the Defendants from infringing the Plaintiff's copyright in the artistic works at Exhibits "A" and "B" to the plaint. These are technical drawings, and I will return to them in detail shortly. The Plaintiff also claims copyright in the drawings of the moulds or cast of the Plaintiff's product.

2. The products in question are flash lights used in photography. I would imagine that these are not the kind of things that a novice or a casual user might have, but are used in commercial and studio photography by professionals and perhaps by serious enthusiasts. The Defendants' products, claimed by the Plaintiff to be the infringing items, are, to my mind, indistinguishable from the Plaintiff's. The Defendants have produced no drawings of their own. Their defence, as I understand it, is that there is no subsisting copyright in the Plaintiff's drawings; that the drawings have no artistic value and therefore there can be no copyright in them; the Plaintiff's drawings cannot be used to make the moulds in which, too, the Plaintiff claims copyright; that it is in fact



























































































































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