In the case of Countrywide Promoters Private Limited v. Navraj Infratech Private Limited, decided on September 19, 2024, the Delhi High Court granted an interim injunction in favor of the plaintiff, Countrywide Promoters.
Copyright Dispute
The dispute arose from allegations of copyright infringement, passing off, and unfair trade practices.
Countrywide Promoters submitted that it had exclusive rights over the architectural artistic works created for their real estate project, “BPTP THE AMAARIO,” located in Gurugram. According to the plaintiff, these works, including computer-generated renders by Upton-Hansen Architects Ltd. (UHA), were extensively used in advertising campaigns beginning in May 2024. The plaintiff further asserted that these artistic works, covered under the Copyright Act of 1957, had acquired substantial goodwill and market recognition.
In July 2024, the plaintiff discovered that Navraj Infratech had allegedly replicated these artistic works in their promotional materials for a competing project. They thereafter sent a cease-and-desist notice in August 2024. However, with no response from the defendant, the plaintiff initiated this lawsuit seeking an injunction to prevent further misuse of their works.
Court’s Decision
After reviewing the facts, the court found that the plaintiff had established a prima facie case of copyright infringement, passing off, and unfair trade practices. It held that the defendant’s actions were likely to cause significant consumer confusion, potentially misleading the public into believing that the defendant’s project was associated with the plaintiff. The court also observed the potential damage to the plaintiff’s reputation and the risk of financial loss caused by the defendant’s actions.
Consequently, the court issued an interim injunction, restraining the defendant and its agents from using, reproducing, or distributing the plaintiff’s copyrighted artistic works until the next hearing. The case is scheduled for further proceedings in January 2025.
Citation: Countrywide Promoters Pvt. Ltd. v. Navraj Infratech Pvt. Ltd., CS(COMM) 812/2024 (Del. H.C. Sept. 19, 2024). Available at: http://indiankanoon.org/doc/48081906/, Visited on: 21/09/2024.
Disclaimer
The case note/s in this blog post have been written by IP Attorneys at BananaIP Counsels based on their review and understanding of the Judgments. It may be noted that other IP attorneys and experts in the field may have different opinions about the cases or arrive at different conclusions therefrom. It is advisable to read the Judgments before making any decisions based on the case notes.
If you have any questions, or if you wish to speak with an IP expert/attorney, please reach us at: contact@bananaip.com or 91-80-26860414/24/34.
