NITIN SETHI Vs. FRONTIER BISCUIT FACTORY PVT LTD

JUDGEMENT

(1.) The respondent filed a suit for permanent injunction against the petitioners for restraining infringement of copyright, passing off, rendition of accounts, delivery up, etc. in respect of a mark / label 'FRONTIER'. It was alleged that the petitioners are using the mark / label 'OM FRONTIER'. The respondent claimed to be an established and reputed business organisation of manufacturing and marketing biscuits, namkeens, cakes and various other goods. Petitioner No.1, being the proprietor of M/s. Om International, is stated to have entered into a dealership agreement with the respondent for selling the products of the respondent under the said label / mark on 26.06.2003 which agreement was terminated by the respondent vide letter dated 08.09.2005. It, however, came to the knowledge of the respondent that petitioner No. 1 had started using deceptively similar / identical trademark / label and trade-name 'OM FRONTIER' and was carrying on business under the name and style of petitioner No. 2.

(2.) The petitioners entered appearance and filed their written statement inter alia claiming that there was no similarity between the two marks / labels of 'FRONTIER' and 'OM FRONTIER'.

(3.) The petitioners filed an application under Section 61 of the Copyright Act, 1957 (hereinafter to be referred to as, 'the said Act') praying for impleadment of the author of the copyright. This arose on account of the fact that the respondent had filed along with the suit a certified copy of an extract from the register of copyrights dated 03.05.2005 in which the name of the respondent was shown as owner while the name of the author was stated to be of Shri Kamal Sachdeva. This application had been rejected in terms of the impugned order dated 31.07.2006.