DAU DAYAL Vs. PRATAP SABUN UDYOG

JUDGEMENT

(1.) THIS is an application under Section 50 of the Copyright Act, 1957 requesting for expunction of registration number A -58902/2001. The matter was heard at New Delhi on 30.3.2009.

(2.) PETITIONER has given details about the copyright registration number 69415/2005 held by him in relation to label PARAKH and the trade mark application made by him in relation thereto which is pending under number 1078627 dated 16.2.2002. Petitioner claims user to the label since 1989. He claims it to have been acquired under an assignment deed. Petitioner has challenged the identical label PAIAKH held by the Respondent on various grounds which include lackness of originality, violation ofR.16(3) of the Copyright Rules, 1958 and cesser under Section 15(2) of the Copyright Act, 1957.

(3.) RESPONDENT in his counter statement has submitted that PARAKH label and its design was conceived by the Respondent and it is a unique artistic work within the meaning of Section 2(c) of the Copyright Act, 1957 and in view of its adoption by the Respondent, he is the author of the same within the meaning of Section 2(d) of the Copyright Act, 1957. Thus the Respondent is the first owner of PARAKH label within provisions of Section 17 of that Act. A trade mark application for registration thereof is also pending under number 609245 dated 12.10.1993.