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2019 Supreme(Del) 149

MUKTA GUPTA
RODERICK JOHN ANDREW MACKENZIE – Appellant
Versus
HIMALAYAN HELI SERVICES PVT LTD – Respondent


Advocate Appeared:
For the Plaintiff :Mr.Kirti S. Javali and Ms.Nikita C. Jain, Advocates.
For the Defendant :Mr. Vivek Malik and Mr.Mukul Thakur, Advocates.

JUDGMENT :

1. Roderick John Andrew Mackenzie, the plaintiff in CS(OS) No. 205/2009 filed the suit inter alia seeking permanent injunction restraining the defendants their employees, servants, agents etc. from using or otherwise copying, selling, offering for sale, counterfeit/unlicensed versions of the plaintiff’s copyright in his artistic work “HIMLAYAN HELI SERVICES” in any shape, form or manner amounting to infringement of the plaintiff’s copyright, damages, rendition of accounts and delivery up of all impugned materials.

2. In the plaint which was filed through the duly appointed special power of attorney of the plaintiff namely Vikrant Singh Jafa, it is stated that the plaintiff is the original author/creator, lawful owner and proprietor of the copyright in the artistic work titled “HIMLAYAN HELI SERVICES” in Australia, India and worldwide. The said copyright has been registered in favour of the plaintiff in India on 28th Jan 2008. It is stated that the defendant is wrongly and illegally using the plaintiff’s copyright in the artistic work titled “HIMLAYAN HELI SERVICES” on its websites, letter heads, stationery, business cards etc. It is further claimed that the defendant’s log




























































































































































































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