Suit For Damages For Infringement Of Copyright

Suggest Format of "Suit For Damages For Infringement Of Copyright"​

Note: This is a sample format/Draft of Suit for damages for infringement of Copyright. For the actual drafting and/or customs designed & precise inputs you can touch us for online drafting based upon your inputs. This draft can be downloaded free and modified for contingent and urgent requirement.

 

BEFORE THE HON’BLE JMFC/CITY CIVIL COURT

_____________AT _______________, MUMBAI

Suit no.______ of 20_____

 

Mr. ABC S/o DEF                     )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )

….…………Plaintiff

            Versus

 

Mr. XXX S/o YYY                      )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )

…………Defendants

MAY IT PLEASE YOU HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the Plaintiff is a novelist and a short-story writer of great repute enjoying immense popularity amongst the reading public of Hindi Literature.
  2. That the Plaintiff is the author of about 25 novels and 150 short stories which have a very large sale in the country.
  3. That the Plaintiff has written a new novel under the name and title of ……………..That the Defendant is the owner of a printing press called ………………. And has also published a number of books.
  4. That the defendant is the owner of a printing press called………….. and has also published a number of books.
  5. That the defendant on…………. Approached the Plaintiff for the publication of the aforesaid new novel of the Plaintiff and wanted the manuscript for his perusal so that he may then tell his terms and conditions.
  6. That after about two months the Defendant returned the manuscript to the Plaintiff saying that it would not be possible for him to print and publish the new novel of the Plaintiff as he thought that the new novel would not enjoy good sale.
  7. That on…………….. the Plaintiff found that the defendant has put on for sale a novel under the name and title of……………………. Which is an exact reproduction of the aforesaid new novel of the Plaintiff, with changes in the names of the characters, in the name of the locations and some other minor and in signification changes. Both the books are filed herewith for comparison.
  8. That the defendant has, in the circumstances narrated above, infringed the copyrights of the Plaintiff in his new novel and is liable to pay damages of Rs………………… to the Plaintiff for the same.
  9. That the Plaintiff is also entitled to a permanent injunction against the Defendant restraining him from printing publishing and selling, of his novel abovenamed and also to forfeiture of the books already printed and published by the Defendant.
  10. That the cause of action for the suit arose on………….. when the Plaintiff came to know of the infringement of his copyright at……………………….. within the jurisdiction of this Court and this Court has got the jurisdiction to try the suit.
  11. That the valuation of the suit for the purposes of jurisdiction and court-fee is Rs………., on which ad valorem court-fee has been paid.

The Plaintiff, therefore, claims the following reliefs:

  • The defendant may be restrained from using the Books in any way and the decree may be granted in favour of the Plaintiff.
  • Costs of suit may be awarded to the Plaintiff.
  • Any other relief that this Court may deem just and proper.

 

Plaintiff.

Advocate of the Plaintiff.

V E R I F I C A T I O N

   I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner above named, do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the foregoing petition is true to my own knowledge.

 

 Solemnly declared at Mumbai           )

Dated this       day of               , 20___)

  , 20                                                     )     

Plaintiff

 

Interpreted & Explained by me

 

Advocate for Plaintiff