Canva, a well-known graphic design platform, has been injuncted by the Delhi High Court and fined for using unethical language in their written submissions. The court’s decision comes as a response to the company’s alleged threat of injunctions, coercing parties into licenses, and abusing patent rights.
Language Used in Written Statements Raises Concerns
The court expressed concern over Canva’s use of language in their written statement, where they made wild allegations against the plaintiff. The court highlighted unnecessary expressions like “sham paper trail to tick the boxes” in the context of a patent infringement action. Court emphasized that written statements should adhere to the permissible language guidelines, as laid out in Order VIII of the Civil Procedure Code (CPC).
Court Finds Canva’s Language to Be Libelous and Slanderous
The court found Canva’s written statements libelous and slanderous. Canva aimed to prevent the plaintiff from enforcing its patent rights. This included not only Canva but also other potential infringers. Canva’s use of phrases like “coerce,” “evasive,” and “unscrupulous” violated principles governing permissible language in pleadings.
Canva Initial Willingness to Engage with the Plaintiff
The court noted Canva’s initial willingness to cooperate and asked for patent documents and claim mapping charts. However, Canva changed its stance later on and used unacceptable language in their written statement. This raised suspicion about their intentions. The court believed they might be trying to create prejudice against the plaintiff. It also suggested they could be attempting to smear the plaintiff’s reputation.
Prima Facie Evidence of Camouflaging Stand
The court also examined Canva’s conduct in initially claiming the disputed technology as their own. And filing a PCT (Patent Cooperation Treaty) application, only to abandon it during the lawsuit. This behavior raised suspicions of Canva attempting to camouflage its stand and claim rights on similar technology. The court emphasized that viewing such actions as prima facie evidence of questionable behavior is possible.
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