Suit For Injunction In The Matter Of Copyright

Suggest Format of "Suit For Injunction In The Matter Of Copyright"​

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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 YOUR HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the Plaintiff is the author of a book entitled Short History of India written by him in the year………………. And has its sole copyright.
  2. That the book aforesaid has been prescribed by the Board of High School and Intermediate Education for the High School students for the past 5 years.
  3. That the defendant is a book-seller and also a publisher of books at…………….
  4. That on………… the Plaintiff found that the book published by the Defendant and bearing the same title as the book of the Plaintiff, namely “Short History of India” was one sale at the shop of the Defendant.
  5. That on examination and scrutiny of the book published by the Defendant the Plaintiff has found that the defendant’s book is almost an extract replica of the book of the Plaintiff with very slight and insignificant variation, thereby infringing the Plaintiff’s copyright.
  6. That the defendant has published the book with an intent to take undue advantage and profit of the hard labour and scholarship of the Plaintiff and to also to cause unlawful loss to the Plaintiff infringing his copyright. Both the books are filed along with the plaint for the perusal of and comparison by the Court.
  7. That the Defendant published his book on……………. And ………….. since then has been selling the same to unwary customers.
  8. That in the circumstances narrated above, the Plaintiff is entitled to permanent injunction restraining the Defendant from publishing and selling the said book and also to the seizure and destruction of all the copies of the books so published by the Defendant and in possession of the defendant or in possession of the agents of defendant.
  9. That the Plaintiff is also entitled to recover from the defendant all the profits that the Defendant has made out of the said book published by him. For which purpose the Defendant is liable to render full and true account of the expenses and income from the said book since its publication by him.
  10. Cause of action.
  11. Valuation.

The Plaintiff, therefore, claims the following reliefs:

  • A decree of permanent injunction against the defendant restraining the defendant from publishing and selling the book published by him through himself or through his agents or through any other manner whatsoever.
  • A mandatory injunction directing the defendant to produce all the books in his possession or in possession of his agents before this Court for destruction.
  • A decree of rendition of account against the Defendant in respect of the publication of the said book by the defendant; and for recovery of the sum found due to the Plaintiff on rendition of accounts.
  • Any other relief that this Court may deem just an

 

 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 abovenamed, do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going 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