BABAJI UDYOG Vs. LALIT KUMAR

JUDGEMENT

(1.) By this petition, preferred under Sec. 50 of the Copyright Act 1957, the petitioner seeks rectification of the register of Copyright, by deletion, therefrom, of the copyright No. A135126/2020 dtd. 2/11/2020, granted to Respondent 1, titled "Dhanibaba Pure Mustard Oil". The petitioner's contention in the petition is that label A violates the copyright held by the petitioner in label B, and that, therefore, no registration could have been granted by the Registrar of Copyright to Respondent 1, in respect of the infringing Label A:

(2.) The respondent has, thereafter, changed its label "A" to the following Label C:

(3.) Learned Counsel for the petitioner submits, on instructions, that his client is agreeable to the use, by the defendant, of the new label, as it does not infringe the petitioner's copyright. He, however, prays that the Registrar of Copyright be directed to delete from the register of Copyright the impugned copyright no. A-135126/2020 dtd. 2/11/2020, granted to Respondent 1.