(1.) This judgment shall dispose of IA No.3907.97 under Order 39 Rules 1 and 2 read with Section 151 Civil Procedure Code filed in a suit for permanent injunction restraining infringement of Copyright, passing off, breach of contract, rendition of accounts of profit, delivery etc.
(2.) According to the plaintiff company, it is successor in interest to the publishing assets of a business commenced in 1927 and is presently engaged in publication of magazines, newsletters and other printed media, electronic publishing via on-line services, CD-ROM, magnetic tape and other electronic media, computer training, development, maintenance and marketing of data base of computer and telecommunications installations, market research and consultancy It is also a leading publisher of computer publications and either directly or through its affiliates publishes and prints over 20 publications, including its flagship publication PC magazine having world-wide circulation of over 1 million copies. The plaintiff is also owner of the trademarks "PC Magazine", "PC Week", "Computer Shopper" and "Internet User" which are either registered or pending registration in favour of the plaintiff in over 70 countries all over the world, including India. The plaintiff is also the owner of the Copyright to the artistic work comprised of the stylized manner in which the trademark PC Magazine is represented in a logo format; the component PC is depicted in a large elongated font in white colour on a red coloured vertically inclined rectangular device having an inner white border with 9 thin horizontal lines in white. The word 'Magazine' appears in white in a relatively wider font beneath 'PC'. The said logo constitutes an original artistic work within the meaning of Section 2(c) of the Indian Copyright Act, 1957 (hereinafter called the 'Act' for short). It has been designed by an in house designer during the course of his employment. Consequently, the plaintiff is owner of the copyright within the meaning of Section 14 of the Act.
(3.) India being signatory to the Universal Copyright Convention (U) and the Berne Convention and by virtue of the International Copyright Order, 1991, under the provisions of the said treaties, the plaintiff's said work is subject to the copyright protection in India.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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