UNIVERSAL TRADING COMPANY Vs. HUNDUSTAN PENCILS PRIVATE LIMITED

JUDGEMENT

(1.) This appeal is filed by appellants M/s. Universal Trading Company under Section 72(2) of the Indian Copyright Act, 1957 against the order dated 27th February, 1999 passed by Copyright Board. By the said order Copyright Board has allowed the application of the respondent herein for rectification of copyright registration in favour of the appellant in Registration Nos. A-30813/80 and A-35887/82 under Section 50 of the Indian Copyright Act, 1957. The events as stated by the appellants which led to the passing of the said order by the Board may be summarised at this stage.

(2.) The appellants were established on 1st January, 1974 and have been using the Trade Mark NATRAJ and device of NATRAJ in respect of mathematical instruments/geometrical boxes and water colour boxes since then continuously, extensively, intensively and openly. The Trade Mark NATRAJ is registered under Registration No. 324345 dated 6th April, 1977 in Class 16 claiming user since 1st January, 1974 in respect of mathematical instruments and water colour boxes. The label NATRAJ is also registered under the Indian Copyrights Act in the name of appellants vide Registration Nos. A-30813/80 and A-35887/82. Before registration of Trade Mark "NATRAJ", it was advertised in the Trade Marks Journal No. 716 dated 1st April, 1979 at page No. 1147. The respondent (Hindustan Pencils Pvt. Ltd.) filed an opposition against the registration of Trade Mark "NATRAJ" under opposition No. DEL-2995. The said opposition filed by the respondent was abandoned on 27th February, 1981. After completing the formalities, the said registration certificate of Trade Mark "NATRAJ" under No. 324345 in Class 16 was granted to the appellants on 7th March, 1981. The respondent started manufacturing geometrical boxes under the Trade Mark/Label NATRAJ first time in the year 1982. Feelings aggrieved with the use of the mark "NATRAJ" in respect of geometrical, boxes, the appellants immediately filed a Suit No .883 of 1982 against the respondent in this Court. On 5th July, 1982, an ex-parte injunction was granted against the respondent restraining them from using the Trade Mark NATRAJ and device of NATRAJ in respect of geometrical boxes. On 20th December, 1982 this Court passed a detailed order and restrained the respondents from using the mark and label NATRAJ in respect of geometrical boxes .ill the disposal of the suit. The respondent filed an appeal bearing No. FAO (OS) 43 of 1983 against the order dated 20th December, 1982. On 6th May, 1983 the said apal was dismissed by Division Bench. Aggrieved by the said order, the respondents further filed Special Leave Petition No. 15113 /1984 in the Supreme Court on 16th August, 1983 against the said order passed by Division Bench of this Court which was also dismissed. The respondent filed a Cancellation Petition Bearing No. C.O. No. 2 of 1983 in this Court against the appellants for cancellation of registered Trade Mark "NATRAJ" which was also dismissed by order dated 19th October, 1984. Against this respondent filed FAO (OS) 6 of 1985 which was pending at the time matter was heard by the Copyright Board.

(3.) The aforesaid facts relate to the registration of Trade Mark NATRAJ with device of NATRAJ in favour of the respondent under No. 324345 in Class 16 granted on 7th March, 1981. As noted label NATRAJ was also registered under Copyright Act in the name of appellants vide Registration Nos. A-30813/80 and A-35887/82, the respondent filed an application under Section 50 of the Copyright Act for expunging entries in the aforesaid registration. By the impugned order dated 27th February, 1999 the Board has allowed the application of the respondent herein ordering that register of Copyrights be rectified by expunging the aforesaid entries in favour of the respondent and granted compensatory costs to the respondent herein in the sum of Rs. 10.000.00 for their agitating the point without any logical ground. This appeal is directed against the aforesaid order dated 7th February, 1999.