V. PICHANDI Vs. CHAKRAPANI ILANGO

JUDGEMENT

(1.) THIS is an application under Section 50 of the Copyright Act, 1957 for rectification of artistic work bearing registration number A -75842/2006. Matter was heard at Chennai on 26th November, 2009.

(2.) PETITIONER claims to have certain trade mark registration and copyright for mark Plus 2 for safety matches since 1985. In 1998 he noticed certain infringements and accordingly filed civil suits against the infringers which included the Respondent herein functioning as Mohana Traders, Guidiyattam. Accordingly restraint orders here issued by the competent court against M/s. Mohana Traders with the respondent herein as the sole proprietor thereof. In 1998, the Petitioner, with a view (Sic) overcome infringement activities by unscrupulous traders, included his own Photograph in the match box carton without substantially affecting the artistic work PLUS 2 label device. Having been restrained from using the PLUS 5 label, the Respondent floated a new entity by name Chakrapani Match Works, Gudiyattam and started using the trademark PULS 5 device with a look -a -like portrait with light changes. Petitioner immediately filed infringement suits in the competent court. Request for interim injunction was allowed by the High Court which is still operative. Petitioner also filed criminal proceedings against the Respondent. During minal proceedings, Petitioner came to know about the impugned copyright registration. Petitioner has claimed his right over the mark being the prior user and the mark of the Respondent lacking originality and having been obtained by misrepresentation during pendency of the proceedings between the parties.

(3.) RESPONDENT in the written statement has rebutted the submissions of the Petitioner. The more relevant submissions which relate to the issues in the present matter are that he has acknowledged the civil and criminal suits filed by the Petitioner at various stages before courts at Aurangabad. He has cited extracts from the order dated 17.8.2004 of the Additional District Judge, Aurangabad wherein the said court has distinguished the marks of the Petitioner from that of the Respondent.