Copyright in editorial comments and head notes supported interim restraint against alleged online copying and removal of infringing material

Copyright protection was asserted over independently developed editorial comments and head notes as original literary works under the Copyright Act, 1957. The material on record showed substantial verbatim and near-identical copying of head notes from the plaintiff's website, which supported a strong prima facie case of infringement. On that basis, ad interim injunctive relief was granted to restrain further copying and require removal of the allegedly infringing material pending further proceedings.

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Issues: Whether the plaintiff made out a prima facie case for ad interim injunction restraining copying of its editorial comments and head notes and for removal of the allegedly infringing material from the defendant's website.

Analysis: The plaintiff asserted copyright in independently developed editorial comments and head notes, contending that they are original literary works protected under the Copyright Act, 1957. The material placed on record showed substantial verbatim and near-identical copying of head notes from the plaintiff's website by the defendant. On that basis, the Court found that the plaintiff had established a strong prima facie case for interim protection pending further proceedings.

Conclusion: Ad interim injunctive relief was warranted, and the defendant was restrained from continuing the alleged infringement and directed to remove the infringing material.

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