- Court
- Delhi High Court
- Date of judgment
- Outcome
- Rectification allowed
Headnote
Rectification allowed and the respondent's copyright registration in the NAGRAJ HARFANMOLA artistic work expunged. A civil court had already found in 2004 that the respondent had copied the pouches and pictures of the petitioner's SATMOLA label, in colour scheme, get-up and the device of two children, and had granted a permanent injunction, while holding the word marks themselves dissimilar. On the strength of that finding the Trade Marks Registry had refused registration of the corresponding label mark under section 11(3). The Court held that the trial court's finding was binding on the parties and that the respondent could not remain the registered owner of copyright in a label it was injuncted from using, the label being an obvious and slavish imitation.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.