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IN THE HIGH COURT OF DELHI AT NEW DELHI
YOGESH KHANNA, J.
M/S Xegent Consultants Pvt. Ltd. - Plaintiff
Versus
EA Water Pvt. Ltd. & Ors. - Defendants
CS(COMM) 973 of 2016
Decided On : 27-09-2017
Copyright Infringement - Literary Work - Copyright Act, 1957, Section 13 - The court granted a permanent injunction restraining the defendant from copying and misusing the plaintiff's literary work, and ordered delivery of all infringing material for destruction. The court also awarded damages to the plaintiff for the violation of their exclusive rights.
Fact of the Case:
The plaintiff sought a permanent injunction and damages for the unauthorized copying and misuse of their literary work, including exclusive news and stories, by the defendant. The plaintiff proved the extensive research and effort put into creating the literary work.
Finding of the Court:
The court found that the defendant had been constantly reproducing verbatim substantial passages from the plaintiff's stories, endorsing them as their own, and using them in their publications without the plaintiff's knowledge or permission. The court also noted the defendant's vindictive and callous approach during mediation and their subsequent failure to appear in court.
Issues: The issues involved copyright infringement, passing off, and unfair trade practices, as well as the defendant's refusal to adhere to court directions and their evasion of court proceedings.
Ratio Decidendi: The court relied on the Copyright Act, 1957, Section 13, and cited a previous case to establish the substantial reproduction and imitation of the plaintiff's work by the defendant. The court also referenced another case to justify the award of damages for the violation of the plaintiff's rights.
Final Decision: The court granted a permanent injunction restraining the defendant from copying and misusing the plaintiff's literary work, ordered delivery of all infringing material for destruction, and awarded damages to the plaintiff in the sum of Rs. 5 lakh, along with the cost of the suit.
YOGESH KHANNA, J.
1. By filing this suit the plaintiff prays for a decree of permanent injunction restraining the defendant, its office bearers, members and all others acting for and on its behalf from directly or indirectly copying and misusing the literary work which includes exclusive news and stories of the plaintiff by publishing the same in the magazines, daily news letters, online circulations issued/ published by the Defendant or in any other manner whatsoever as may lead to passing off and infringement of copyrighted work of the plaintiff.
2. Plaintiff also prays for an order for- rendition of accounts delivery up, damages of Rs. 1.00Crore and costs etc.
3. The present suit has been filed by the Plaintiff against the defendants on account of the unauthorised copying and misusing of the literary work done by the plaintiff for past few years amounting to infringement and passing of the plaintiff’s copyrighted work under Section 13 of the Copyright Act, 1957 on the following allegations:-
(a) the plaintiff is one of the most recognized brand names in the water sector news & information domain and aims to provide integrated and one-stop solutions to all global water-related development needs. The Plaintiff is an international consultancy and project development company in the field of irrigation/water resources, water supply and water/wastewater treatment. The Plaintiff possesses extensive domain knowledge through its highly-experienced team of water professionals and a global network of associates, led by its Director Mr. Girish Chadha;
(b) the news and knowledge disseminated by the Plaintiff are acquired by the Plaintiff by personally visiting and privileged interviewing various top officials across the globe on various water related issues. The Plaintiff also acquires privileged news sometimes by way of personal telephonic conversations and emails with global water professionals;
(c) Mr.Girish Chadha, has been working in the field of water sector news for past over 10 years. In order to further promote work in field of water, he has incorporated the plaintiff company i.e. Xegent Consultants Private Limited. The plaintiff for the purpose of disseminating knowledge by focusing on water news in India has made initiative in the name of “India Water Review” (hereinafter referred to as IWR). The Plaintiff had also launched a website namely www.indiawaterreview.in for disseminating water sector news through the World Wide Web. That the abovementioned website of “India Water Review” was launched in year 2011 by the plaintiff
(d) “India Water Review” is an India-focussed water news website that tracks and reports on the domestic and regional water/waste water/water management/desalination and services sectors from business/corporate/commercial, policy and environmental perspectives. IWR targets gathering of information and news, among other areas, on the water management and new water projects being undertaken in India or are proposed to be undertaken in the Country. The IWR has become a worthy source of information & knowledge for the Corporates/Multinationals/Public Sector Undertakings intending to invest and expand their stakes in the water industry in India;
(e) the Indian Water Review newsletters and stories have gained tremendous attraction since its launch in early 2011 and goes out to a growing list of subscribers, including to CEO/COO/CXO-level executives in Indian and foreign water companies in India, senior and top officials of Central and State governments in India, top consultancy companies, non-government sector, several overseas officials in multilateral finance agencies & UN bodies and select top executives from educational/technical institutions, among many others;
(f) the Union Ministry of Water Resources, Government of India invited “India Water Review” to become the Official Media Partner for the prestigious India Water Week 2013, which was the second edition of the country's key annual policy and technolog
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