Expert Handwriting Training Institute versus Vision Handwriting Training Centre - Order No: 1

Heard advocate for Plaintiff on IA No. 1. It is the case of the Plaintiff that it has developed aND published various practice books including **"Book of Alphabets Healthy Handwriting-Healthy life-the work enabling the competent students to fetch more marks". ** It has copyright over the said Literary/Dramatic work. It has also got registered trade marks in the name aND style of **"Expert Handwriting Training Institute(EHTI)". ** Now the Plaintiff learnt that Defendants are infringing the copyright of the Plaintiff by releasing the similar book aND by copying the literary work of the Plaintiff. So, Plaintiff sought temporary injunction as against the Defendants from selling, printing aND distributing etc. , of their practice book, pending disposal of the Suit. Perused the materials on record. As per the order 39 Rule 3 of CPC, before granting injunction, the Court shall in all cases direct the notices on the application unless the grant of injunction wouLd. defeat the filing of the Suit itself. The Plaintiff got issued legal notice on 18/06/2024 aND it is replied by the Defendants on 28/06/2024 by denying the infringement of copyright. So, looking to the materials on record, I hoLd. that at this stage, the Plaintiffs have not at all made out a case to dispense the notice. Looking to the material on record, I hoLd. that the notice has to be given to the Defendants before granting injunction. Hence, I proceed to pass the following

O R D E R

Issue Suit summons aND emergent notice on IA No. 1 to the Defendants by RPAD R/by 29/08/2024.

XVIII ACC & SJ, BENGALURU

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References: Case Number - O.S./5635/2024 | Case Type - O.S. | CNR Number - KABC010205242024 | Complex Name - Prl. City CIVIL AND SESSIONS JUDGE | Court Name - 19-sri VIJAYA DEVARAJA URS-CCH10 XVIII ADDL. City CIVIL AND SESSIONS JUDGE | Filing Date - 06-08-2024 | Judge Name - 19-Cch10 Xviii Addl. City Civil And Sessions Judge | List Date - 2025-07-14 | Order Date - 2024-08-07 | Order Number - 1 | Petitioner Advocates - Rahul Jha | Petitioner Parties - Expert Handwriting Training Institute Advocate - Rahul Jha | Respondent Parties - Vision Handwriting Training Centre2) Mallikarjun V 3) Manju Sriju | Status - Evidence