- Court
- Delhi High Court
- Date of judgment
- Judge
- Prathiba M. Singh
- Outcome
- Rectification allowed
Headnote
Rectification allowed under section 50 of the Copyright Act and the Registrar directed to expunge the respondent's registration for the artistic work. Where there is substantial similarity between two works, the later work cannot be said to be original. The respondent's work was a slavish imitation of the petitioner's GULCHHARE artwork used since 2009, and the distinguishing elements did not affect the substantial similarity or the imitation. The Court applied the tests used to compare label marks in a passing off action to the comparison of labels that are artistic works, and noted the principle that where dishonesty is apparent, greater attention is paid to the points of similarity and less to the points of difference.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.