Delhi District Court
Also At : vs Thakur Publishers on 6 February, 2017
IN THE COURT OF SH. GURVINDER PAL SINGH
ADDITIONAL DISTRICT JUDGE01 (CENTRAL)
TIS HAZARI COURTS, DELHI
TM1093/2016
McGraw Hill Education (India) Pvt. Ltd.,
2/27, Ansari Road, Daryaganj,
New Delhi110002.
Also at :
P24, Green Park Extension,
New Delhi110016.
......Plaintiff
Versus
1.Thakur Publishers, Pune, CTS No. 635, Flat No. T7, Third Floor, Budhwar Peth, ABC Market, Pune411002, Maharashtra State, India.
Email : [email protected]
2. Dr. Vijay Dagdupant Kulkarni, C/o Thakur Publishers, Pune, CTS No. 635, Flat No. T7, Third Floor, Budhwar Peth, ABC Market, Pune411002, Maharashtra State, India.
TM1093/2016 McGraw Hill Education (India) Pvt. Ltd. Vs. Thakur Publishers, Pune & Ors. Page 1 of 10
3. Dr. Krishna Mohan Sharma, C/o Thakur Publishers, Pune, CTS No. 635, Flat No. T7, Third Floor, Budhwar Peth, ABC Market, Pune411002, Maharashtra State, India.
.......Defendants
SUIT FOR PERMANENT & MANDATORY INJUNCTION AND
DAMAGES FOR INFRINGEMENT OF COPYRIGHT
Date of institution of suit : 05.11.2014
Date of reserving the judgment : 20.01.2017
Date of pronouncement of judgment : 06.02.2017
JUDGMENT
1. The plaintiff has filed the present suit for permanent and mandatory injunction and damages for infringement of copyright against the defendants through its constituted attorney Ms. Shweta Sapra. Adumbrated in brief the facts of the case of plaintiff are as follows. Plaintiff is a private limited company duly registered and incorporated in India under the provisions of the Companies Act, 1956. The plaintiff was earlier known as 'Tata McGraw Hill Education Private Limited'. The plaintiff was a 100% subsidiary of the McGraw Hill Companies, Inc. The TM1093/2016 McGraw Hill Education (India) Pvt. Ltd. Vs. Thakur Publishers, Pune & Ors. Page 2 of 10 McGral Hill Companies Inc., founded in 1888 and incorporated under the Laws of the United States of America, was a leading publisher of scientific and technical information in the world, providing high quality information and analysis across global markets for more than a century. The leading brands of the McGraw Hill Companies included Standard & Poor's, McGrawHill Education, Platts Energy Information Services and JD Power and Associates. The McGrawHill Companies was helping to create a smarter, better world by meeting critical needs for the knowledge, insights and analysis that help individuals, markets and countries grow and prosper. Founder Mr. James H. McGraw, a teacher in upstate New York, began working in publishing in 1884 and purchased the American Journal of Railway Appliances in 1888. At the same time, Mr. John A. Hill, Cofounder, was working as an editor at Locomotive Engineer. Over the next fifteen years, they pursued their separate careers specializing in technical and trade publications. In the year 1899, McGraw incorporated his publication business under the heading of "The McGraw Publishing Company" and in 1902, Mr. John Hill followed with "The Hill Publishing Company". Mutual interest led them to bring together their publishing enterprises to form McGrawHill in 1909. It has been averred that with TM1093/2016 McGraw Hill Education (India) Pvt. Ltd. Vs. Thakur Publishers, Pune & Ors. Page 3 of 10 more than 280 offices in 40 countries, the Company was poised to support a new era of global growth by using the latest technologies. McGrawHill Education, the plaintiff had offices in 33 countries and publishes in more than 65 languages. The plaintiff had been the market leading provider of Educational materials in India since 1970, serving the School, Higher Education, Professional and Healthcare markets. An erstwhile jointventure between the Tata Group and the McGrawHill Companies, Inc., the plaintiff addresses virtually every aspect of the education market from PreK through Professional Learning. Using traditional materials, online learning and multimedia tools, the plaintiff empowers the growth of teachers, professionals and students of all ages. The plaintiff's technical innovations are changing the way people learn, with ebooks, online tutoring, customized course websites and subscription services. The plaintiff has also been the preeminent providers of reference and trade publishing for the Medical, Business, Engineering and other professions. Also has been averred that plaintiff's titles have been extremely popular and well known amongst the public in general and the members of the trade. The plaintiff had been consistently and extensively advertising all its products across the country and the TM1093/2016 McGraw Hill Education (India) Pvt. Ltd. Vs. Thakur Publishers, Pune & Ors. Page 4 of 10 sales promotion activities of the plaintiff involves huge investments. Also is the averment of plaintiff that sales of its titles had increased manifolds and within a short span the sales figures had reached substantially high. Also has been averred that plaintiff was owner/proprietor of Copyright/Exclusive Licensee in the Literary Work in majority of the titles published and sold by it. Therefore, plaintiff had statutory rights in the content of the titles to prevent any misappropriation and misuse in any manner whatsoever or to refrain any third party from Infringing Copyright. It has been further averred that this matter is of the Copyright Infringement by Plagiarism by the Defendants herein of the Books titled as "Business Policy and Strategic Management", Second Edition and "Strategic Management and Business Policy", Third Edition, which were published by the plaintiff in India. The Copyright in the aforesaid Books/Literary Works also vested with the plaintiff. Also has been averred that in the month of October 2014, the plaintiff conducted a field survey and was shocked to find out that the defendant no1 had unscrupulously released/published the book, titled "STRATEGIC MANAGEMENT", Edition 2014, according to syllabus of "University of Pune", coauthored by defendants no2 and 3, bearing ISBN No. 978 TM1093/2016 McGraw Hill Education (India) Pvt. Ltd. Vs. Thakur Publishers, Pune & Ors. Page 5 of 10 9351631156 (hereinafter referred as impugned literary work), infringing Copyright of the plaintiff in two of the plaintiff's competing works under the almost identical title "BUSINESS POLICY AND STRATEGIC MANAGEMENT", Second Edition, authored by Sh. Azhar Kazmi and "STRATEGIC MANAGEMENT AND BUSINESS POLICY", Third Edition, authored by Sh. Azhar Kazmi. The defendant no1 had been selling the impugned literary work to the students and blatantly infringing plaintiff's Copyright. In fact, defendant no1 had reproduced substantial portions from the plaintiff's books in verbatim in the impugned literary work. It has been further averred that the defendants want to take as much advantage and benefit as possible of the plaintiff's Titles/Publication and ride upon the extensive goodwill of the plaintiff's contents that had been created over many years. The plaintiff sent legal notice dated 13.10.2014 through Counsel to the defendants but the defendants have failed and neglected to reply the same. Hence, this suit.
2. Summons of the suit and notice of injunction application was issued to defendants. Perusal of the record reveals that on TM1093/2016 McGraw Hill Education (India) Pvt. Ltd. Vs. Thakur Publishers, Pune & Ors. Page 6 of 10 27.01.2015, none appeared for defendants despite calls. As per the three acknowledgements due for that day's hearing received back, the three defendants had been served. Matter was fixed for filing of written statement and reply to injunction application for 23.02.2015. On 23.02.2015, none appeared for defendants. It was ordered that written statement and reply to injunction, if any, be filed by defendants during the course of that day with copy for plaintiff. Case was fixed for arguments on injunction application for 27.04.2015. On 27.04.2015, none appeared for defendants and matter was again fixed for arguments on injunction application on 27.07.2015. On 27.07.2015, none appeared for defendants. Since, no written statement was filed by any of the arraigned defendants despite grant of opportunities, the defence of defendants was struck off and matter was fixed for plaintiff evidence.
3. Plaintiff failed to adduce any evidence despite several opportunities. Therefore, plaintiff evidence was closed vide order dated 20.12.2016 and matter was fixed for final arguments.
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4. I have heard arguments addressed by Sh. Abhishek Kumar Singh, Ld. Proxy Counsel for plaintiff and have given thoughts to the contentions put forth, pleadings and have also examined the record of the case.
5. Plaintiff has failed to prove of being owner/proprietor of Copyright/Exclusive Licensee in the Literary Works of the books titled as "Business Policy and Strategic Management", Second Edition and "Strategic Management and Business Policy", Third Edition, both authored by Sh. Azhar Kazmi; since no evidence had been led on record by the plaintiff despite various opportunities. Plaintiff has also failed to prove for want of evidence that defendant no1 had unscrupulously released/published the impugned book "STRATEGIC MANAGEMENT", Edition 2014; and/or "BUSINESS POLICY AND STRATEGIC MANAGEMENT", Second Edition; and/or "STRATEGIC MANAGEMENT AND BUSINESS POLICY", Third Edition, both authored by Sh. Azhar Kazmi; in any manner infringing any Copyright of plaintiff. Plaintiff has also failed to prove that any of TM1093/2016 McGraw Hill Education (India) Pvt. Ltd. Vs. Thakur Publishers, Pune & Ors. Page 8 of 10 defendants had adopted unauthorizedly any impugned literary work constituting infringement of Copyright so as to ride on the goodwill of the plaintiff or having taken unfair advantage in any manner and /or having wrongfully gained from the goodwill of the plaintiff.
6. In this fact of the matter, for want of evidence, plaintiff is held not entitled for (A) any relief of permanent injunction from
(i) reproducing, printing, distributing or in any other manner whatsoever using the Impugned Literary Work titled "STRATEGIC MANAGEMENT", Edition 2014, according to syllabus of "University of Pune", coauthored by defendants no2 and 3, bearing ISBN No. 97893 516311506 or, any other literary work confusingly similar to the plaintiff's literary works titled "BUSINESS POLICY AND STRATEGIC MANAGEMENT", Second Edition, authored by Sh. Azhar Kazmi and "STRATEGIC MANAGEMENT AND BUSINESS POLICY", Third Edition, authored by Sh. Azhar Kazmi or, in any other manner whatsoever, infringing the plaintiff's Copyright and (ii) disposing of or dealing with their assets, in a manner which may adversely affect the plaintiffs ability to recover damages, costs or other pecuniary remedies;
TM1093/2016 McGraw Hill Education (India) Pvt. Ltd. Vs. Thakur Publishers, Pune & Ors. Page 9 of 10 (B) any rendition of accounts from defendants; (C) any damages. Suit is dismissed. No order as to costs. Decree sheet be prepared and file be consigned to record room.
Announced in open Court (GURVINDER PAL SINGH) on 6th Day of February, 2017. Additional District Judge01 (Central) Tis Hazari Courts, Delhi.
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