MOHD. NASEER Vs. IQBAL HUSSAIN

JUDGEMENT

(1.) THIS is a petition dated 28.12.2001 under section 50 of the Copyright Act, 1957. Petitioner herein claims to be the proprietor of M/s. Minar Tea Company at Hyderabad having its brand name 'Family Tea'. Grievance of the petitioner, at the outset, is that the respondent has filed a false complaint and the police has Registered the case under section 63 and 64 of the Copyright Act, 1957. The petitioner claims that there is no infringement on his part as the mark 'Ispahani Tea' of the respondent is different from the mark of the petitioner. The petitioner has ultimately prayed that he be legally allowed to continue the manuscript 'Family Tea'. Petitioner has nowhere mentioned the registration number of the respondent.

(2.) RESPONDENT in his written statement (titled as Reply Statement by way of Objections) dated 11th December, 2002 has controverted the allegations of the petitioner and has submitted that the prayers contained in the petition are vague and ambiguous in nature and generally do not fall within the jurisdiction of the Copyright Board.

(3.) PETITIONER in his rejoinder reply dated 17th December, 2002 acknowledged that the respondent is having registration of trade mark Isphani. However, he objected to his design of Cup and Saucer emitting steam and steam so forming itself into an artistically created flowery and decorative set -up. Thus, he claims, that it is not an artistic work but it is a common general public using work and it cannot be claimed by the respondent alone. He further claimed that the respondent has not taken the necessary search report under section 45(1) of the Copyright Act, 1957 from the Registrar of Trade Marks. Petitioner at this belated stage has mentioned the impugned registration number, namely, No. A -57793/99 of the respondent in the rejoinder.