LAMBA BROTHERS PRIVATE LIMITED Vs. LAMBA BROTHERS

JUDGEMENT

(1.) The Appeal is directed against the order dated 30.8.1993passed by learned single Judge whereby he has declined to entertain the suit forinfringement of copyright in the 'brochure' for ELBEE machines of the plaintiff.

(2.) The facts set out in the suit in substance are that the Managing Director ofthe plaintiff, Shri Harbhajan Singh Lamba, and the Managing Director of thedefendant,. Shri Rajinder Singh Lamba, are the real brothers and both of themstarted a partnership firm known as Lamba Brothers in the year 1960 for themanufacture of Power Presses (Machines), Notching presses, shearing machinesand bending machines under the trade mark ELBEE. The said partnership wasdissolved on 1.4.1985 vide Deed of Dissolution dated 20.10.1985. Afterdissolutionof the partnership, Shri Harbhajan Singh Lamba started his own business ofmanufacturing and merchandise of the aforesaid machines by inviting his son ashis partner in the business. Both the brothers are in litigation with respect of thetrade mark ELBEE which is separately being pursued by them.

(3.) The plaintiff, to promote its business, introduced catalogues which consistof technical data, pictures and technical specifications tables (along with its sistemconcerns). The plaintiff published one such Catalogue for its "C" and "H" Frame'sRange of Presses in the year 1990 and one Shri S.K. Bassi was commissioned tocreate and design the same. The arrangement and layout, the words, pictures andspecifications tables in the said catalogues were created and designed by Shri Bassiin July, 1990 for and on behalf of the plaintiff. Shri Bassi created the lilerary andartistic work contained in the catalogues for the plaintiff who is now the owner ofthe catalogues. These catalogues are entitled "From the House of Lamba" and "C"and "H" Frame's Range of Presses. The second page thereof consists of theinformative data and each paragraph begins with a word printed in bold, theprimary purpose being, to give the customer an idea of what the paragraph speaksabout. Throughout the catalogues one can see technical data along with eitherpictures or drawings in support which were carefully created and in this processsubstantial skill and labour were employed in designing these catalogues by theplaintiff. The plaintiff has also spent a substantial amount in creation of suchcatalogues. These catalogues have been in continuous and extensive use by theplaintiff till now. However, in the month of June, 1993, the plaintiff learnt that thedefendant had started copying its aforesaid catalogues. After obtaining one suchcatalogue of the defendant, the plaintiff was shocked to note that the defendant hadcopied the plaintiff's informative data word to word. The defendant had evencopied the manner in which the plaintiff had used the aforementioned bold wordsat the beginning of each paragraph. In substance, according to the plaintiff, theplaintiff has a copyright in the catalogues which is literary and artistic work andthat the same has been infringed by the defendant and therefore, the plaintiff hasbeen constrained to file the suit.