LAWS(DLH)-1995-4-58

SUNIL AGGARWAL Vs. KUM KUM TANDON

Decided On April 28, 1995
SUNIL AGGARWAL Appellant
V/S
KUM KUM TANDON Respondents

JUDGEMENT

(1.) This order disposes of the plaintiffs' prayer for the grant of ad-interim injunction.

(2.) The suit is for permanent injunction restraining infringement of copyright, passing of and other reliefs.

(3.) The plaintiffs are publishers of books. The plaintiffs have published a book "After 10 + 2 What". The book was written by Ms. Kum Kum Tandon, the defendant No.1. The book has gained popularity and achieved substantial sales figures as mentioned in para 5 of the plaint. The defendant No.1 has published through defendants No.2 and 3 two books entitled "Kum Kum Tandon Career Planner - After 10+2 and Beyond What, Where and How". The first book relates to professions which are associated with commerce and humanities category. The second book deals with vocations which fall under the science and technology category. These two books contain extracts and sections copied verbatim from the plaintiffs' book, copyright in which vests with the plaintiff. As such the defendants have infringed the copyright of the plainiffs. The plaintiffs have sought for an interim injunction restrainning the defendants from publishing and printing any book with a title reproducing or having deceptively similarity with any part of the plaintiffs' title of the book "After 10+2 What", and/or which may amount to infringement of plaintiffs' copyright in the said book or which may amount to passing off the defendants' book as that of the plaintiffs.