BURLINGTON HOME SHOPPING PRIVATE LIMITED Vs. RAJNISH CHIBBER
HIGH COURT OF DELHI
BURLINGTON HOME SHOPPING PRIVATE LIMITED
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R.C.Lahoti, J. -
(1.)This order shall dispose of an application for the grant of ad interim injunction and an application filed by the defendant seeking certain directions to the Local Commissioner in a suit for perpetual injunction restraining the breach of copyright and confidentiality, and for rendition of account, etc.
(2.)The plaintiff is a mail order service company. According to the plaintiff it publishes mail order catalogues dealing with several consumer items which are posted to the select list of the plaintiff's clients. By this method the plaintiff does substantial business. A major investment notably in the business of mail order shopping is the compilation of a list of clientele/customers database which is of essential importance and consequence. The plaintiff has developed a list of clientele/customers database over a period of three years prior to the institution of the suit by investing considerable amount of money and time. The said database is an expensive and gradual process of compilation. The defendant was at one time an employee of the plaintiff. His nature of the duties had nothing to do with the compilation and development of the database. However, on severing relationship with the plaintiff the defendant has established himself as a competitor by entering into mail order shopping business. He has managed to get a copy of the database, an otherwise guarded secret of the plaintiff and has started making use of the same for the purpose of establishing relationship with the plaintiff's customers. It is submitted that the said database is an original `literary work' wherein the plaintiff has the copyright and the defendant has infringed the same by his illegal act.
(3.)The defendant has denied all the material plaint averments. It is submitted that the said database is neither developed by the plaintiff nor does he have any copyright therein. It is also submitted by the defendant that he has developed his own database and utilisation thereof does not amount to any infringement of the copyright of the plaintiff.
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