RITIKA PRIVATE LIMITED Vs. BIBA APPARELS PRIVATE LIMITED

JUDGEMENT

(1.) Though this application is titled under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), counsel for the defendant states that this application actually is under Order XII Rule 6 CPC for dismissing the suit on the admitted facts and legal position, and since the heading of the application will not change the substance, the subject application be treated as an application under Order XII Rule 6 CPC. Ordered accordingly.

(2.) Plaintiff has filed the present suit claiming copyright in various drawings and sketches which are created by the plaintiff for dresses being sold under the trade name/brand RITU KUMAR. It is pleaded that the drawings and sketches are distinctive, exclusive and identifiable with the brand RITU KUMAR of the plaintiff and the brand enjoys goodwill and reputation. It is pleaded that there is originality in the garment prints and sketches created by the plaintiff for the dresses/garments. It is pleaded that ensembles of the plaintiff are so designed that each component, such as sleeves, front and back panels etc are delineated and are coordinated with unique features. The plaintiff is stated to be maintaining digital records of the creation of each drawing and print by giving it identification code and name which is also shown in the invoices issued by the plaintiff. The claim of the plaintiff with respect to its copyright work is set out in the form of process adopted by the plaintiff as detailed in paras 10, 11 and 12 of the plaint and which paras read as under: -

(3.) Plaintiff claims to be the first owner of the copyright in all the products of the plaintiff's company created from the sketches, drawings, designs etc.