MANOHAR SINGH Vs. ABDUL WARIS

JUDGEMENT

(1.) THIS is an application under section 50 of the Copyright Act, 1957 for expunction of registration number A -83021/2008. The matter was heard on 28.6.2010 at New Delhi. Petitioner has submitted that, on the complaint of the petitioner, Delhi Police raided the premises of the respondent and caught him red handed filling in cones of the impugned art work. F.I.R. No. 147 of 2008 dated 19th March, 2008 stands registered in the Police Station, Timarpur at Delhi. Petitioner filed a suit bearing No. C.S. (O.S.) 1903 of 2008 in Delhi High Court and vide order dated 12th September, 2008 the respondent was retrained from using the impugned art work/label in relation to the impugned goods. Principal grounds, besides the lackness of originality of the work, taken is violation of rule 16(3) of the Copyright Rules, 1958. Respondent did not file any written statement and did not made any appearance on the date of hearing.

(2.) APPLICATION for the impugned registration dated 5.5.2008 was filed in the Copyright registry on 4.6.2008 and certificate was issued on 4.7.2008. It is apparent on the basis of the evidence filed, that is, the FIR lodged leading to a police raid and civil suit filed where an injunction has been issued that the respondent when he filed his application for the impugned registration had prior knowledge of the existence of the labels of the petitioner herein since the civil and criminal action against him on the behest of the petitioner had taken place earlier to it. Besides, the product to be sold in the packages, that is, Mehndi is a very low cost product and whatever be the turnover of the respondent thereto, it can safely be taken that by now more than 50 times reproduction thereof might have taken place. In view that also, the registration lacks its existence in view of the provisions of section 15(2) of the Copyright Act, 1958. Accordingly, Registrar shall expunge the registration. No orders as to costs.