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M/S Ravinder Singh & Sons vs M/S Evergreen Publications (India) ... on 10 January, 2018 cites

Eastern Book Company & Ors vs D.B. Modak & Anr on 12 December, 2007

"87. Coupled with these aspects, when we keep in mind that the book of the appellant is a prescribed textbook for the University and on the one hand, and respondents wanted to bring out an all-comprehensive guidebook for the help of the students in all the courses of English and not limiting it to Grammar alone, the purpose of this guidebook produced by the respondents would be materially different and it would satisfy the guiding test laid down by the Supreme Court in Eastern Book Company (supra).
Supreme Court of India Cites 64 - Cited by 46 - P P Naolekar - Full Document

Gopal Das vs Jagannath Prasad And Anr. on 10 January, 1938

In Gopal Das v. Jagannath Prasad and Another, AIR 1938 All. 266, the plaintiffs were the printers and publishers of the books. The book titled Sachitra Bara Kok Shastra was printed for the first time in 1928 and had run into four editions since. The defendants printed and published another book titled Asli Sachitra Kok Shastra in 1930. The plaintiffs case was that the book published by the defendants was a colorable imitation of their book and an infringement of plaintiffs copyright. It was held by the Court that the plaintiffs compiled their book with considerable labour from various sources and digested and arranged the matter taken by them from other authors. The defendant instead of taking the pains of searching into all the common sources and obtaining his subject matter from them, obtained the subject matter from the plaintiffs book and availed himself of the labour of the plaintiffs and adopted their arrangement and subject matter and, thus, such a use of plaintiffs book could not be regarded as legitimate. It was held that a person whose work is protected by copyright, if he has collected the material with considerable labour, compiled from various sources of work in itself not original, but which he has FAO 235-2017 Page 16 of 25 digested and arranged, the defendant could not be permitted to compile his work of like description, instead of taking the pains of searching into all the common sources and obtaining the subject-matter from them and to adopt his arrangement with a slight degree of colourable variation thereby saving pains and labour which the plaintiff has employed. The act of the defendant would be illegitimate use. The Court held that no one is entitled to avail himself of the previous labour of another for the purpose of conveying to the public the same information, although he may append additional information to that already published."
Allahabad High Court Cites 6 - Cited by 11 - Full Document
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