PENGUIN BOOKS LIMITED Vs. INDIA BOOK DISTRIBUTORS

JUDGEMENT

(1.) The appellants, Penguin Books Ltd of England original plaintiffs brought a suit for perpetual injunction against the respondents, M/s. India Book Distributors of New Delhi, Bombay, Madras, Calcutta (original defendants) restraining them from infringing Penguins' territorial copyrights[licence in 23 books, the subject matter of the suit. Admittedly India Book Distributors, Bombay are importing, distributing and offering for sale in India 13 out of these 23 titles. Some of these books arc well known works such as Animal Farm by George Orwell, Far Pavillion, Shadhow of the Moon. both by M. M. Kaye. Some are recent publications such as Celebrity by Thomas Thompson, Lacs by Shiriey Conran.

(2.) Penguins asked for a temporary injunction in the suit. The application was heard by a learned single judge on the original side of this court where the suit was instituted. He refused the injunction. From his order of refusal Penguins appeal to this court.

(3.) The learned judge formed the view that by reason of the consent decree which was passed by the district court in the United States of America Penguins were disentitled to claim the equitable relief of injunction. What had happened was this. The U.S. Government brought a suit against various publishers, British and American including Penguin:, Inc., on the complaint that their agreements were in breach of the Anti-Trust: suit ended in aconsent judgment.