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2017 Supreme(Mad) 4215

N.SATHISH KUMAR
A. Sreedevi – Appellant
Versus
Wooltop Design Private Limited – Respondent


Advocates Appeared:
For the Appellant :Mr. P. Munusamy, Advocate, Mr. K.M. Aasim Shehzad, Advocate
For the Respondent:Mr. Vijaya Narayanan Senior Counsel for M/s. M. Vidya, Advocate

ORDER :

N. Sathish Kumar, J.

The captioned applications have been filed by the original defendants 1, 3 to 6 for striking out the pleadings in the plaint in paragraphs 9 to 13, 35 to 38 and 41 to 43 and consequent prayers a, b, d and e in C.S. No.195 of 2013.

2. The instant suit has been filed by the original plaintiff alleging that the original 1st defendant is infringing the copyright in the artistic work found in the products manufactured by them. According to the applicants/original defendants 1, 3 to 6, the relief’s claimed by the original plaintiff under the copyright Act are statutorily barred under Section 15 (2) of the Copyright Act, 1957. It is stated that the original plaintiff's claim copyright in all the averred materials are subject matter of registration under the Designs Act, 2000. In the absence of registration under the Designs Act, 2000, the statutory protection available to a registered design is no longer available to the original plaintiff. It is also stated that the original plaintiff has not filed any documentary evidence to establish that it has applied for copyrighting the drawings. Hence, the original defendants 1, 3 to 6 have filed the captioned application


















































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