plaint

SITUATION:

This plaint is drafted taking in hypothetical facts: A.B was a self published author who used to write and publish articles. Once he wrote an article on the topic “torture under International law” for a reputed legal magazine. M.N, the efendant in this case had copied his article for a !eminar conducted b" a college. #hus, the plaintiff has filed this suit for copyright infringement  against the defendant.

IN #$% &O'(# O) I!#(I&# *'+% O) !O'#$ %$I !uit No. ---------- of /01

IN #$% MA##%( O) 2 A.B s3o &. A40, AB !treet,  New elhi

........................................ ........................................ 5laintiff 

6s.

M.N s3o O.5 178, 9: !treet,  New elhi

.......................................... .......................................... efendant

SUIT FOR COMPENSATION FOR INFRINGEMENT OF COPRIG!T

MO!# (%!5%&# )': )' : !$O;%#$ 2 0. #he 5laintiff 5laintiff is a self publishe published d author, author, an award winning winning boo< writer writer and and also an accomplished blogger. $e has earlier published = articles i n >arious legal magazines and written 8 booe recei>ed a lot of acclai m. . #he 5laintiff 5laintiff is the the author author of a research research article article titled “#or “#orture ture under under Internatio International nal aw”. aw”. #he said Article was printed and published in India?s leading egal Magazine “aw"er?s 'pdate” in the "ear /07. #he sub@ect of the Article was International aw. 8. ;hen the 5lainti 5laintiff?s ff?s article article was being being published published,, the head of the the egal magazine magazine agreed agreed that that the 5laintiff would own his written worersit ", elhi elhi on

0st Ma", /01 on the topic “5eace and !ecurit" in International aw”. 5rizes el ". #he papers of the winners would also get published in one of the India?s leading AB! *ournal. 1. #he efendant wrote and presented a paper titled “#he efinition of #orture under International aw”. And thereafter won the 0 st prize in the competition, winning (s. 8/,///. ater on the 0/ th Ma", /01, his research paper was published in the AB! *ournal. #hereafter, he also got an opportunit" to represent his college at the International le>el !e minar on the same topic with some more additional research on his present article which was to be held net "ear, ie, /0D. D. On seeing the research paper written b" the efendant, published in the AB! *ournal, it is e>ident that the content of the research paper was stolen from the 5laintiff?s article. #he said article authored b" the efendant is a cop" of the article of the 5laintiff referred in 5aragraph  and the publication of the said article is unauthorised. #he Act of the efendant is a flagrant infringement of &op"right of the 5laintiff. A true and correct cop" of the original and t he copied article is attached as %hibit C. E. B" going through both the articles, one could see that approimatel" D/F of the article written b" the efendant claiming to be the author of his article was pl agiarised from the 5laintiff?s article which was published in one of the leading aw Magazine in the "ear /07. =. #he 5laintiff has ne>er been ase the plagiarised material immediatel". Attached as ehibit 8C 00. #he efendant did not responded to the 5laintiff?s e4mail. )inding no alternati>e, the 5laintiff sent a notice of demand dated /0./D./01 to the efendant b" the wa" of (egd. 5ost  attached as %hibit 8C.#he notice was dul" recei>ed b" the efendant. But he failed to compl" b" the notice and sent a negati>e repl" of the same, hence present suit. 0. #hat the cause of action of this suit arose against the defendants within the @urisdiction of this $onble &ourt firstl" when the defendant participated in the National !eminar at N', elhi on 0st Ma", /01 and he presented the research paper which infringed the cop"right wor< of the 5laintiff. It again arose on 0/th Ma", /01, when the efendant?s research paper was  published in one of the India?s leading @ournal, AB! *ournal, authored under his name. It further arose when the efendant too< all the credit and recognition for the plagiarised article and was selected for the International !eminar for the same net "ear.

08. #he 5art of the cause of action arose at elhi. #he paper presentation at the National !eminar was held at N', elhi. #he notice sent to the efendant was at elhi. #he repl" of the notice was also recei>ed at elhi, hence this $on?ble &ourt has @urisdiction t o entertain and ad@udicate the matter. 07. #he 5laintiff has suffered irreparable in@ur" to his reputation and recognition and unless the $on?ble court restrains the efendant from further use of the infringed cop"right article, the 5laintiff will continue to suffer in@ur", the amount of which cannot be counted and which has no adeHuate remed". 01. )or purposes of court fees and @urisdiction, >alue of suit is (s. ......... on which court fees has  been paid and hence this &ourt ha>e @urisdiction in allowing, tr"ing and deciding this suit.

PRAER 

#he plaintiff hence pra"s for2 aC 5ermanent in@unction that prohibits the efendant an" further use of the wor< that infringes his cop"right. bC An award of monetar" damages sufficient to compensate 5laintiff for the in@uries suffered as a result of efendant?s malafide conductJ cC A ecree for compensation of the profits earned b" efendant b" cop"right infringement of the 5laintiff?s worour of the 5laintiff and against the efendantJ and eC !uch other and further ordersC as this $on?ble &ourt ma" deem fit and proper in the circumstances of the case ma" also be passed.

!ignature of the 5laintiffC 5lace 2......................... ate 2.......................... 9:K Ad>ocateC 6%(I)I&A#ION I, ..............., do hereb" solemnl" >erif" that the contents from para 0 to 00 are correct and true to the  best of m" ice, which I belie>e to be correct. Affirmed at Indore this 7th a" of !eptember //G.

!ignatureC 5laintiff