Tis Hazari Court, Delhi: In a case relating to the unauthorized printing/binding/manufacturing/storing/advertising for sale and selling of counterfeit books published by Eastern Book Company, Police has told the Court that FIR under Ss. 63 and 65 of the Copyright Act, 1957 has been registered against Amazon, Flipkart and Mackhingee Publisher after receiving a complaint from EBC.

Siddharth Malik, J. has earlier directed the SHO of Darya Ganj Police Station to file an action report taken before 02.09.2022, and to state whether any complaint has been made by the complainant in the police station and any action has been taken on the complaint. Further, it also directed to state that, as a result of investigation any cognizable offence has been made out against the accused person and if yes, whether any FIR have been registered. Moreover, it was directed to provide the status of investigation.

Background of the case:

The complainants, EBC Publishing Pvt. Ltd and its sister concern Eastern Book Companyown copyright in many renowned textbooks, and publish books authored by reputed and notable luminaries in the field of law and distribute books through its own branches in major cities. Moreover, it has a large e-commerce presence through its website, namely EBC Webstore, through which customers can place orders and can purchase books. The complainants were made aware of the fact that a few of their published books were being sold without their knowledge or permission on Amazon and Flipkart by the accused, Mackhingee Publisher, who had been illegally selling inferior quality counterfeit books for a lesser price. The complainants also included Amazon Ltd. & Flipkart Private Limited in their complaint since they are providing a platform for the accused to commit such offences.

Details of the status report:

In the status report it was submitted that a complaint was received from the complainants at DIU/Central, Darya Ganj regarding the counterfeit book sold by Mackhingee Publishers, wherein the complainants have stated that they have the exclusive right to publish the textbooks concerned and the alleged infringers have no right to either distribute or publish these textbooks. In this regard it was submitted by the Police authorities that a case vide FIR No. 310/2022 under Ss. 63 and 65 of the Copyright Act, 1957 has been registered and the investigation is pending.

[EBC Publishing Pvt. Ltd. v. Mackhingee Publishers, 2022 SCC OnLine Dis Crt (Del) 34,  order dated 02.09.2022]

Order by: Siddhartha Malik, CMM (Central) Tis Hazari Court, Delhi;

Advocates who appeared in this case :

For Complainant: Advocate Sanjay Vashishtha.

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One comment

  • I want to know how to deal with the publishing company who is just looting by demanding extra money for this and that after taking publishing money.
    I got to know Euphoria publication through Instagram. And talk about publication. They eagerly started demanding for money on the same day and I paid. This company ask me to edit my book on my own and to wait til book editing completion. And between this time period she started demanding more and more money for this and that and I refused to pay so she asked me to wait untill the new year as I didn’t pay the extra amount she demanded. And after 1 months of this she said she is cancelling my project and not returning the money too.
    We have a group and many people are involved in this problem along with me.
    This company is blocking everyone’s number too and not explaining anything also not contacting anyone.

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