- Case number
- C.O.(COMM.IPD-CR) 24/2024
- Court
- Delhi High Court
- Date of judgment
- Judge
- Jyoti Singh
- Outcome
- Disposed of
Headnote
Copyright registration in the ZOOOK artwork revoked under section 50 and the accompanying Search Certificate set aside, on two procedural grounds. The TM-C Search Certificate had been issued contrary to the Trade Marks Register, and the applicant had failed to notify the petitioner under Rule 70(9) of the Copyright Rules 2013 although the petitioner plainly had an interest in the subject matter, which subsumed its registered mark ZOOOK. That requirement was the more pronounced because the applicant knew the petitioner was disputing its claim to the mark, with one opposition already successful and two pending. Non-compliance undermined the integrity of the process and deprived the petitioner of its right to contest the registration.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.