[Commons-Law] EBC injunction against Manupatra

[Lawrence Liang]

Hi all


Interesting development, the EBC onslaught against competitors continues


Lawrence 

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>From http://www.ebc-india.com/pressrelease/press_manupatra.htm
 
In a copyright infringement suit filed by Eastern Book CompanyTM, publishers
of the famous law report Supreme Court CasesTM against Manupatra, a
web-based legal information provider, the High Court at Delhi on 27-05-2005
has injuncted Manupatra from copying the judgments of the Supreme Court as
published in Supreme Court CasesTM and selling them to the public on its
web-site or CD-Rom, though however Manupatra remains free to incorporate in
their web-site as well as CD-Roms the judgments of courts as well as their
own notes
 
IA No. 4431/2005
 
Notice for 5th July, 2005.
 
A perusal of the averments made in the plaint, application under
consideration and the documents placed on record shows that the plaintiffs
are leading publishers of the Law Reports under the title "Supreme Court
Cases" (SCC).
 
The grievance of the plaintiffs is that the defendants have started copying
and then incorporating in their website as well as CD-ROMs the exact copies
of the reports being published by them in their publication (SCC), including
the head notes, short notes, long notes, editorial notes and other editing
inputs. The plaintiffs' have no objection if the defendants incorporate in
their website as well as CD-ROMs the judgments delivered by the Courts but
they have a grievance against the physical lifting of the copies of the
judgments as reported by them in their publication SCC, which tantamounts to
infringement of their copyrights therein.
This Court is of the considered view that in case no ex parte ad interim
injunction is granted, the plaintiffs may suffer irreparable loss/injury as
the defendants may continue to make undue gains for themselves at the cost
of the plaintiffs by incorporating in their website and CD-ROMs exact copies
of plaintiff's reports in SCC.
 
Accordingly, till the next date of hearing, the defendants as well as all
others acting through them stand restrained from publishing, reproducing
storing in any medium, transmitting, offering for sale, selling,
distributing, issuing to the public, renting, allowing access through their
website or CD-ROMs either free or for a fee, exact copies of the reports
including the head notes, short notes, long notes, editorial notes and other
editing inputs lifted from plaintiff's publication (SCC). The defendants',
however, remain free to incorporate in their website as well as CD-ROMs the
judgments of Courts as well as their own notes. Order XXXIX Rule 3 CPC be
complied within three days.
 
Copy dasti,

Sd/-
May 27, 2005