TRACTORS AND FARM EQUIPMENT LTD., NO. 35, NUNGAMBAKKAM HIGH ROAD, CHENNAI-600034, REP. BY ITS DY. GENERAL MANAGER-(LEGAL-SERVICES) Vs. STANDARD COMBINES (PVT.) LTD., TRACTOR DIVISION STANDARD CHOWK, BARNALA-148101 STATE OF PUNJAB

JUDGEMENT

(1.) THE defendant has come forward with this application under Order 14 Rule 8 of the Original Side Rules r/w Section 151 CPC to dismiss the suit on the ground that the suit is statutorily barred under Section 15(2) of the Copyright Act. The facts, which led to the institution of the suit and filing of the present application, are as follows:

(2.) ACCORDING to the plaintiff, the plaintiff has acquired immense reputation and goodwill with regard to its model through unique and distinctiveness of the drawings with exact measurements and specific dimensions, resulting in particular shape and appearance of the plaintiff's tractor its parts and fittings. It is the further case of the plaintiff that the plaintiff's employees, in the course of their employment, have created the drawings relating to every parts with exact specification, and dimensions and the drawings in two dimensions are used for manufacture of tractors in three dimensions and the plaintiff is entitled to use such two dimensional drawings as the proprietor of copyright of artistic work of the above said drawings, which exclusively belong to the plaintiff and the same is sought to be infringed by the defendant by a slavish imitation of the plaintiff's tractors in toto by use of the plaintiff's drawings in two dimensions and its tractors in three dimensions along with part numbers without any manner of right to do so.

(3.) THE suit is filed along with OA. Nos. 830 and 831 of 2007 for the reliefs of temporary injunction against act of infringement of copy right and passing off the defendant's product as that of the plaintiff's tractor. This court originally granted temporary injunction and the temporary injunction was by order dated 28.7.2010 made absolute and the exparte injunction is, by order dated 25.11.2011 made in A. Nos. 4616 and 1417 of 2010 recalled, thereby the original order of interim injunction is restored. Pending disposal of the injunction applications and after completion of pleadings, the defendant has come forward with the present application A. No. 4618 of 2010 under Original Side Rules r/w Section 151 CPC to dismiss the suit on the ground that the same is statutorily barred under Section 15(2) of the Copyright Act.