CHANCELLOR MASTERS AND SCHOOLARS OF THE UNIVERSITY OF OXFORT TRADING AS OXFORS UNIVERSITY PRESS Vs. ORIENT LONGMAN PRIVATE LIMITED

JUDGEMENT

(1.) This order will govern the disposal of I.A. Nos. 4425/2002 filed under Order 39 Rules 1 and 2 read with Section 151, CPC by the plaintiff and 5527 / 2002 under Order 39 Rule 4 read with Section 151, CPC filed by the defendants.

(2.) Suit was filed for permanent injunction restraining defendants 1 to 3, their officers, servants, representatives and agents from publishing, distributing, marketing and selling The New Communicative Course NETWORK ENGLISH' in Volumes (1 to 5), inter alia, alleging that the plaintiff entered into an agreement dated 24th August, 1994 with defendant No. 3 and J. A. Mason and pursuant thereto the later jointly authored and delivered to the former for publication series of 3 books titled 'Communicate in English' and these books were first published inl993-94 and revised in 1995-96. Revised books were brought out under the new title 'Learning to Communicate' series (1 to 5). Two special editions of books were brought out, one in 1997 which was meant for DAY Schools and another in 2000 which was meant for Manipur Schools. Books were again revised in the year 1999-2000 and were brought out under the title 'New Learning to Communicate' series which comprised of Course Books (1 to 5) and Activity Books (1 to 5). Sale figures of said books upto 2000-2001 have been set out in para 23 of the plaint. It is further alleged that plaintiff has learnt on or about 5th April, 2002 that defendant No. 1 is proposing to publish series of five course books titled 'The New Communicative Course NETWORK ENGLISH' and corresponding series of five activity Books titled 'The New Communicative Course NETWORK ENGLISH Activity Book authored by defendant No. 3 which are intended to be used as text books in the schools for classes 1 to 5 in the same manner as copyrighted works of the plaintiff are being used. Plaintiff has been able to obtain copies of Course Book and Activity Book Volumes 2 and 3 of the impugned works which are being filed along with plaint. Defendant No. 3 seems to have entered into some arrangement with defendant No. 1 and/or defendant No. 2 for the purpose. Said volumes 2 and 3 have been printed by defendants 4 and 5 and are due to be released shortly in the market. It is further alleged that defendant No. 1 is a long standing competitor of the plaintiff in educational publishing, particularly school textbooks in English language course. Said volumes are on the same subject; based on the same communicative approach to teaching English; designed to cater to the same readership segment and are very competitively priced. Their design-methodology, plan, arrangement, structure and pattern are also similar to copyrighted works 'New I Learning to Communicate' of the plaintiff. It is also alleged that defendant No. 3 has authored said volumes 2 and 3 in breach of Clause 13 of the agreement dated 24th Angus, 1994 in collusion with defendants 1 and 2 and the interest of the plaintiff, thus, needs to be protected.

(3.) In said LA. 4425/2002 by the order dated 7th May, 2002 the defendants were restrained from taking out Volumes 2 and 3 in question till 17th May, 2002 for which summons and notices were issued. This ex-parte adinterim injunction continues to operate till date.