JOLEN INC. Vs. SOBAN LAL JAIN

JUDGEMENT

(1.) THIS is an application under Section 50 of the Copyright Act, 1957 for expunction of registration number A -56303/1999. The matter was heard at the sitting held on 22.3.2010 at New Delhi.

(2.) ACCORDING to the Petitioner, it is a company organized and exiting under the laws of the United States of America having it principal place of business in USA. The artistic work relating to the Petitioner was first published in 1956 in USA. Petitioner is entitled to protection of copyright in India in terms of the Berne Convention and Universal Copyright Convention. Petitioner in greater details has referred to world wide, including in India, reputation enjoyed by its product under its trade mark and artistic design. Petitioner filed a civil suit in Madras High Court against the Respondent and others for infringement of copyright in its label Jolen creme bleach carton. Division Bench of Madras High Court by its judgment dated 30th April, 2004 granted interim injunction restraining Respondent and others from infringing the Petitioner's copyright in JOLEN creme bleach carton. Special Leave Petition filed by the Respondent in the Supreme Court failed. In totality of the reasons and arguments given by the Petitioner, it has questioned the originality of the impugned work as a copyright being slavish copying of the work of the Petitioner.

(3.) RESPONDENT in his written statement has controverted the allegations of the Petitioner