RAIS AHMAD Vs. STATE OF DELHI

JUDGEMENT

(1.) One Saeed Ahmad Qaeed lodged FIR No. 205/02 dated 6.7.2002 under Sections 78/79 of the Trade and Merchandise Marks Act read with Section 63 of the Copyright Act against the petitioner herein alleging that the petitioner was infringing his trade mark and copyright "G.S." in relation to Cup Leather Washer logo. The allegations were that the petitioner was the proprietor of the trade mark and was also having copyright in "G.S."

(2.) On the basis of registration of the said FIR raid was conducted at the premises of the petitioner on 6.7.2002 and 2130 pieces of Air hand pump cycle leather washer of Nos. 1 and 2 bearing trade mark G.S. Cup Leather Washer logo and 4 stamps/plates of iron bearing the reverse impression of trade mark of G.S. Cup leather Washer logo were recovered from the petitioner's premises. The petitioner were arrested and thereafter released on bail. The police filed challan, after investigation, in the Trial Court. Vide order dated 23.7.2004 charge was framed against the petitioners. The petitioners challenged this order by filing revision petition which has also been dismissed by the learned ASJ vide judgment dated 6.1.2005. Said order is impugned in this petition filed under Section 482 of the Code of Criminal Procedure.

(3.) Case of the petitioner is that the petitioner is not the registered owner of the said trade mark "G. S." It is pointed out that the original owner of the trade mark was one Abdul Gafoor, who by Deed of Assignment, assigned this trade mark to his son Abdul Hameed Shakir. Certificate dated 6.8.1962 was issued by the trade mark registry in the name of Abdul Hameed Shakir in respect of this trade mark. In the records of the Trade Mark Registry name of Abdul Hameed Shakir only appears. On this basis it was contended by the learned Counsel for the petitioner that the complainant Saeed Ahmad Qaeed has no locus standi to lodge such an FIR.