Case Title: SSG Pharma (P) Ltd. v. Paras Pan Products Pvt. Ltd. and Anr.
Date of Decision: 1st September, 2023
Case Number: C.O.(COMM.IPD-CR) 841/2022
Coram: Justice Prathiba M. Singh
Introduction
This case involves a copyright dispute between SSG Pharma (P) Ltd. (Petitioner) and Paras Pan Products Pvt Ltd and another (Respondents) regarding an artistic work titled “NAGRAJ HARFANMOLA.” The Petitioner seeks rectification of the Respondents’ copyright registration claiming to be the prior adopter and user of the artistic work ‘SATMOLA.’
Factual Background
The original petition was initially filed before the Copyright Board and was subsequently transferred to the High Court following the enactment of the Tribunal Reforms Act, 2021. The Copyright Board’s records were not available, making it unclear what transpired after the initial proceedings.
Legal Issues
The primary legal issue is whether the Respondents’ copyright for “NAGRAJ HARFANMOLA” should be rectified due to its resemblance to the Petitioner’s work ‘SATMOLA.’
Observation and Analysis
A comparative table of the artistic works of both the petitioner and the respondents was provided, revealing a striking resemblance between the respondent’s work and the petitioner’s work.
In a related civil suit (Suit No. 537/2003) between the parties, the Additional District Judge granted an injunction in favor of the petitioner, restraining the respondent from using a label/pouch similar to that of the petitioner. However, the court did not find the marks ‘SATMOLA’ and ‘HARFANMOLA’ to be similar, and no injunction was granted in respect of the mark.
Following the injunction order, one of the respondent’s trademark registration applications for the label mark was rejected by the Trade Mark Registry, Kolkata, due to similarities in color scheme and design.
Decision
The court ruled in favor of the Petitioner, finding that the Respondents’ label was a substantial imitation of the Petitioner’s label/pouch. Consequently, the Respondents’ copyright registration for “NAGRAJ HARFANMOLA” was ordered to be rectified/expunged from the copyright register. The court directed the Registry to inform the Controller General of Patents, Designs & Trademarks for compliance. The petition and all pending applications were disposed of.
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Written by – Ananya Chaudhary
