Firm Matters

In an unprecedented factual matrix, the Delhi High Court grants an order in favour of TVS Motor Company Ltd. (TVS) restraining the defendants from issuing copyright infringement threats based on two copyright registrations titled “Motion’s Fourth and Fifth Law” and “Motion’s Sixth Law”. The Defendants claimed rights over what they described as the fourth, fifth and sixth laws of motion. The defendants had earlier sought patent protection for the same subject matter, but the patent applications were abandoned after objections were raised by the Indian Patent Office. They simultaneously obtained copyright registrations for the patent specifications and, since 2018, have issued legal notices to various two-wheeler manufacturers, including TVS, alleging copyright infringement.

On a prima facie consideration, the Hon’ble Court observed that the impugned notice merely alleged copyright infringement without identifying how the plaintiff had infringed the copyrighted works or providing any comparison of the literary works. Holding that the notice prima facie constituted groundless threats within the meaning of Section 60 of the Copyright Act, the Court granted an ex parte ad interim injunction restraining the defendants from issuing such threats in relation to the impugned copyright registrations, which were also subject matter of lapsed patents filed by the Defendant. The Court also directed that the defendants give TVS at least seven days’ prior written notice before initiating any copyright infringement proceedings based on these registrations.