- Case number
- CO(COMM.IPD-CR) 18/2023
- Court
- Delhi High Court
- Date of judgment
- Judge
- Tushar Rao Gedela
- Outcome
- Disposed of
Headnote
Copyright registration in an artistic work expunged under section 50. The Court found the work was not original but a copy, and placed weight on a contradiction in the respondent's own filings: he declared the work "unpublished" to the Copyright Registry in 2017 while claiming use since 2015 in a trade mark application, a declaration false to his knowledge that manifestly disclosed mala fides and showed the adoption was not bona fide. The Court also observed that the situation might not have arisen had the Trade Marks Registry been careful in complying with the mandate of the Act. A request to declare the respondent a trade mark squatter was refused for want of any pleading or document to support it.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.