KARTIK SHARMA …..Plaintiff
Versus
SULTAN CHAND AND SONS PVT. LTD. & ORS ……Defendant
Date of Order:- 23.08.2023
The present suit was filed seeking a permanent injunction to restrain infringement of Plaintiff copyright in original literary works.
The Plaintiff– Mr. Kartik Sharma, educationist, teacher, speaker, and trainer with expertise in Artificial Intelligence (‘AI’). It is stated that he conducted thorough research and tailored a framework aligned with the CBSE curriculum to teach this subject to school students. It is averred that the Plaintiff authored the original literary work titled “Essentials of Artificial Intelligence” for classes VIII to XII.
In February, 2023, the Plaintiff came across the books titled “Essentials of Information Technology” for Classes IX and X, published by Defendant No. 1, which, according to the Plaintiff, verbatim reproduced certain portions of the Plaintiffs Books for the said classes and brazenly violate Plaintiffs copyright. The authors of the said books have been arrayed as Defendants No. 7, 8 and 9- respectively.
The Court considered the matter. The books from both sides were produced and it was seen that in two books i.e. “Essentials of Information Technology” by Defendant No. 7, and “Essential of Artificial Intelligence” by the Plaintiff-Kartik Sharma, the Chapter called ‘Communication Skills’ is almost word-to-word reproduced. The Plaintiff submitted that 77 pages of his book have been reproduced verbatim in the impugned second book.
Hon’ble Court directed that all three authors of the impugned books against which the infringement is complained of, namely, Defendant No. 8, Defendant No. 9 and Defendant No. 7. Be present in Court on the next date of hearing.
Hon’ble Court directed that, If any infringing copies of the Plaintiff’s book “Essentials of Artificial Intelligence” are found to be sold on any e-commerce platform, the Plaintiff is free to approach such platforms to take down the said infringing books from the websites of such e-commerce platforms. Upon receiving such a notice from the Plaintiff, all e-commerce platforms who are intermediaries, shall comply, and take down the Plaintiff’s book titled “Essentials of Artificial Intelligence” within 72 hours in compliance of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Hon’ble Court directed, Plaintiff to send copy of the order dated 25th May, 2023, with the notice of the Hon’ble Court to the e-commerce platforms.
Read,Reviewed and Edited by
Neeraj Gogia, Advocate
9891800100