Case Title: Manju Singal Proprietor Singla Food Products v. Deepak Kumar & Ors.
Date of Decision: September 6, 2023
Case Number: C.O.(COMM.IPD-CR) 715/2022
Coram: Justice Prathiba M. Singh
Background
This case involves a copyright dispute originally filed before the Intellectual Property Appellate Board (IPAB) and later transferred to the High Court of Delhi due to legislative changes. The petitioner, Manju Singal, the proprietor of Singla Food Products, filed a petition under Section 50 of the Copyright Act, 1957, seeking the rectification of a copyright registration obtained by the respondent, Mr. Deepak Kumar @ Deepak Manocha. The petitioner claimed to be the original creator of a similar artistic work used in the packaging of snack food products.
Brief Facts
- The petitioner has been engaged in manufacturing and selling snack food products under the mark ‘GULCHHARE’ since 2009.
- The petitioner claimed ownership of the artistic work used in their packaging, registered under Copyright Act No. A-112378/2014.
- The respondent obtained copyright registration for ‘GOORCHARREY LABEL’ in 2019.
- The petitioner alleged that the respondent’s packaging was almost identical to theirs, including similar colors, style, and content.
- A district court had previously issued an injunction against the respondent for using the marks ‘GOORCHARRE’ and ‘ALADIN KA KHANA KHAJANA,’ which was still in force.
Legal Issues
- Whether the impugned copyright registration was valid and whether it was substantially similar to the petitioner’s artwork?
- Whether the petitioner could prove ownership and originality of the artwork?
- Whether the registration should be rectified or expunged from the Copyright Register?
Observation and Analysis
- Section 50 of the Copyright Act allows for rectification of the Register of Copyrights at the High Court’s discretion, if a person is aggrieved.
- Originality is a prerequisite for copyright protection under Section 13(1)(a) of the Act.
- The court observed that the petitioner’s artwork had been in use since 2009, whereas the respondent’s copyright registration was granted in 2019. The court noted substantial visual similarities between the two artworks, including the name, color scheme, and other artistic elements.
- The court cited relevant legal precedents, emphasizing that the overall effect of competing artworks should be considered, and minor variations should not be overemphasized.
- The petitioner’s prior creation and substantial similarity between the two artworks were taken into account.
Decision of the Court
The court allowed the petition and directed the Registrar of Copyrights to rectify the register by expunging the respondent’s copyright registration for the work ‘GOORCHARRE MAST SEVIAN.’ The court ordered this expunging to be carried out within eight weeks.
Conclusion
The High Court of Delhi ruled in favor of the petitioner, finding that the respondent’s copyright registration was wrongly applied for and substantially similar to the petitioner’s artwork, leading to its rectification and removal from the Copyright Register.
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Written by – Ananya Chaudhary
