Case Note & Summary
The appellant, M/s Pearson India Education Service Pvt. Ltd., challenged the order dated 29.07.2015 passed by the XVIII Additional City Civil & Sessions Judge, Bengaluru, in O.S. No. 4899/2015, allowing I.A. Nos. 3 and 4 filed under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908. The trial court granted a temporary injunction restraining the appellant from using or referring to the test results of 'Kaleido' in any press releases, public announcements, promotional or other materials for 'MyPedia' and from infringing the plaintiff's copyright in 'Kaleido' and its results until the disposal of the suit. The respondent, M/s New Rubric Solutions LLP, had filed the suit alleging copyright infringement. The High Court, after hearing both sides, found that the trial court had correctly applied the principles for granting temporary injunction, including the existence of a prima facie case, balance of convenience in favor of the plaintiff, and the likelihood of irreparable injury. The appeals were dismissed, and the interim order was confirmed.
Headnote
A) Civil Procedure - Temporary Injunction - Order 39 Rules 1 and 2 read with Section 151 CPC - Copyright Infringement - The trial court granted injunction restraining the defendant from using test results of 'Kaleido' for 'MyPedia' based on prima facie case, balance of convenience, and irreparable injury - Held that the order was justified and did not warrant interference (Paras 1-3).
Issue of Consideration
Whether the trial court was justified in granting temporary injunction restraining the appellant from using or referring to the test results of 'Kaleido' in any press releases, public announcements, promotional or other materials for 'MyPedia' and from infringing the plaintiff's copyright in 'Kaleido' and its results.
Final Decision
Both appeals are dismissed. The order dated 29.07.2015 passed by the XVIII Additional City Civil & Sessions Judge, Bengaluru, in O.S. No. 4899/2015 allowing I.A. Nos. 3 and 4 is confirmed.
Law Points
- Copyright infringement
- temporary injunction
- prima facie case
- balance of convenience
- irreparable injury
- Order 39 Rule 1 and 2 CPC
- Section 151 CPC
