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 logo has an identical get up, layout and features as that of the plaintiff’s. Plaintiff has been a mountaineer who has climbed Mount Everest twice in 1984 and 1989 and has extensive experience of numerous expeditions in the Himalayas in India, Nepal, New Zealand, Europe, USA etc. The plaintiff has developed patented technology for the analysis of snow and avalanche prediction and has been involved in research and development for the Defence Research and Development Organization (DRDO) and the Snow and Avalanche Studies Establishment (SASE) in Manali. Besides being the owner of the copyright in the artistic work, plaintiff is also the first user of the aforesaid artistic work within the meaning of the Section 17 of the Copyright Act and entitled to all exclusive rights flowing from such ownership as per Section 15 of the Copyright Act.

3. Defendant is a private limited company claiming to be engaged in the business of conducting helicopter operations. Plaintiff noticed on the internet and elsewhere that the defendant has been infringing the plaintiff’s copyright and has titled it as “HIMLAYAN HELI SERVICES” and is using the artistic work of the plaintiff consisting of pictorial representations of the said artistic work with identical shades, lay-out, features, get-up etc. on its websites, letter heads, stationery, business cards etc. Plaintiff also stated that he was the director of Himachal Helicopter Skiing Private Limited which has other matters in issue with the defendant, however, the present suit relates only to the copyright infringement arising out of the international right of the plaintiff. It is claimed that the defendant is infringing the artistic work of the plaintiff by means of posting the insignia in the various exhibitions, galleries, newspaper etc both in Delhi and Trans border.

4. Pursuant to summons being issued, written statement was filed on behalf of the defendant through its Director T. Wangchuk Shamshu. In the written statement preliminary objections were taken particularly in respect of suppression of material facts. It was stated that the defendant company i.e. Himlayan Heli Services Private Limited was incorporated in July, 1998 as a 100% subsidiary of the World Expeditions (India) Private Limited, established in August, 1987. The said company was owned and promoted by Harsh Vardhan Sharma and Wangchuk Shamshu, both citizens of India and pioneers in India in the field of adventure tourism like skiing, trekking and rafting. In 1989 Harsh Vardhan and Wangchuk decided to get together and do business jointly and formed the company in the name and style of World Expeditions Private Limited. In and around 1989-90 plaintiff expressed his keenness to do business in India in the area of heli skiing which at that point of time was only be