From:- Mr.

_________________,
Partner of :
M/s Rhugved Pharmaceuticals,
212, Tekekar Road, Dhantoli,
Nagpur – 440 012,
Maharashtra.

To,
The Judicial Magistrate First Class,
Kalmeshwar - 441501,
Dist: Nagpur,
Maharashtra.

Sub.: Offence under Section 63 and Section 65 of the Copyrights

Act, 1957 and Section 420 of Indian Penal Code, 1860.

Respected Sir,

The Complainant most respectfully submits as under.

1) That the complainant is the Partner of M/s. RHUGVED

PHARMACEUTICALS and is authorised to file this complaint on
behalf of M/s RHUGVED PHARMACEUTICALS. That M/s.
RHUGVED PHARMACEUTICALS is engaged in the business of
manufacturing and marketing of medicinal and
pharmaceutical preparations since 1994. That the
complainant has honestly adopted the artistic work/label
mark – TEEN MUNDI CHHAAP with the logo -

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 and has been using it since the year
1994.

2) That currently M/s. RHUGVED PHARMACEUTICALS carries on

business from 212, Tekekar Road, Dhantoli, Nagpur – 440
012, Mahrashtra through its partners namely:-
(i) Dr. Yashwant Dadaji Ambatkar
(ii) Dr. Sau Safalta Y Ambatkar
(iii) Dadaji Ramaji Ambatkar

3) That the complainant is the registered copyright holder of its

label mark - under the

Copyrights Act, 1957 vide registration no. A-80267/2007.
Copy of the copyright registration certificate along with the
copy of the label mark copyrighted is annexed herewith and
marked as ANNEXURE-A.

4) That as clearly visible from the complainant’s aforesaid label,

it contains the logo of the complainant’s brand TEEN MUNDI

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 CHHAAP - which is an essential part of
the applicant’s label mark. That the complainant’s brand
TEEN MUNDI CHHAAP has been written in the Hindi
language, Devnagri script. That the aforesaid logo of the
complainant is honestly conceptualized from the
complainant’s brand – TEEN MUNDI CHHAAP by depicting
three heads in the logo.

5) That to distinguish the brand – TEEN MUNDI CHHAAP and

copyright in an artistic work, colour combination, layout, get
up, the complainant has spent huge amount of money &
acquired good reputation and goodwill among trade and
public at large. The complainant is the copyright owner of the
artistic work as mentioned above in the foregoing
paragraphs.

6) That the complainant is the author of the aforesaid label

mark with the logo - which was honestly

adopted from the brand of the complainant TEEN MUNDI
CHHAAP since the year 1994 and the complainant is the
exclusive owner of the same.

7) That the complainant is the registered proprietor of the

copyright in the artistic work of the aforesaid label mark

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 under common law as well as under the Copyrights Act,
1957. On the ground of prior user and without the permission
of the complainant no other person has any rights to use the
artistic work in the aforesaid label mark – TEEN MUNDI
CHHAAP. That duplication/infringement of copyright is a
punishable offence as provided under Section 63 of The
Copyright Act, 1957.

8) That the complainant came to know that one M/s UNIJULES

LIFE SCIENCES LTD., carrying on business from B-35,
M.I.D.C. Industrial Area, Kalmeshwar – 441 501, Dist. –
Nagpur (hereinafter referred to as the accused) started using
and imitating the complainant’s copyright by using the brand
name CHHAAR MUNDI CHHAAP in the same/similar fonts,
style, artistic work and logo. That the label mark used by the
accused is given as follows:-

9) That the comparison of the complainant’s label and the

accused’s label is given as below:-

Complainant’s Artistic Work Accused’s Artistic Work

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 From the above comparison it can be conclusively observed
as follows:-
 That the accused has copied the font style as well as the
colour of the fonts from the complainant’s artistic work.
That instead of the word “TEEN” the accused has
substituted the word “CHAAR”, just in order to deceive the
public into buying its product thinking that its product
belongs to the complainant.
 Moreover the accused has copied the logo of three heads
of the complainant by just adding one more head in the
logo which clearly proves the malafide intention of the
accused of copying the complainant’s prior authored,
adopted and used label mark.
 That the accused’s label mark is conceptually similar to
the complainant’s mark and the same cannot be a sheer
co-incidence.

10) That complainant has already informed the aforesaid accused

to cease and desist from using complainant’s copyrighted
label mark but the accused refused to do so.

11) That by doing such illegal act of using the deceptively similar
artistic work with similar logo of heads with horns, fonts,

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 colour style, etc. the accused are causing economic loss to
the complainant and the same is also required to be stopped
immediately.

12) That by slavishly copying the registered copyright of the

complainant, the accused has dishonestly induced and are
still dishonestly inducing the relevant public to buy their
product by misrepresenting that it is the complainant’s
product. That the relevant public would have never bought
the accused’s goods if the accused would have not so
deceived them by such misrepresentation regarding the
brand & artistic work of the label of its product. Thus such an
illegal act of the accused, squarely amounts to the offence
of cheating under Section 420 of the Indian Penal
Code, 1860 which is punishable with imprisonment
upto seven (7) years as well as fine.

13) That the accused has knowingly infringed the copyright of the
complainant in the artistic work of its label and has
committed the offence of infringement of copyright
under Section 63 of the Copyright Act, 1957 which is
punishable with imprisonment for a term upto three
years and with fine which may extend upto two lakh
rupees.

14) That the accused knowingly makes and has in its possession,
the plate for the purpose of making infringing copies of the
aforesaid label marks in which Complainant’s copyright
subsists. That such an illegal act of possession of plates
for purpose of making infringing copies is punishable

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 under Section 65 of the Copyrights Act, 1957 with
imprisonment upto two years as well as fine.

15) That considering the label, packaging materials of the

complainant and accused, strict action should be taken under
section 420 of The Indian Penal Code as well as under Section
63 and Section 65 of The Copyright Act, 1957.

16) That it is also requested to cease the packaging materials

and goods as provided under section 64 of The Copyright Act,
1957.

17) That it is also requested to arrest the persons not within our
knowledge who are assisting the accused in duplication the
product of the complainant.

18) The documentary evidence details are as under:

- The Complainant’s Label and the Copyright registration

certificate
- Label used by the Accused

For M/s.
RHUGVED PHARMACEUTICALS

………………………………………….
(Parnter)