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HIGH COURT OF DELHI
C.O.(COMM.IPD-CR) 15/2021 M/S BABAJI UDYOG ..... Petitioner
Through: Mr. Tejveer Singh Bhatia, Mr. Rohan Swarup, Mr. Utsav Mukherjee and
Ms. Anjalika Arora, Advs.
Through: Mr. Abhinav Bhatia, Adv. for R-1 Ms. Shiva Lakshmi, CGSC with Ms. Srishti Rawat, Advs. for R-2
JUDGMENT
1. By this petition, preferred under Section 50 of the Copyright Act 1957, the petitioner seeks rectification of the register of Copyright, by deletion, therefrom, of the copyright No. A- 135126/2020 dated 2 O R D E R (ORAL) % 24.01.2023 nd November 2020, granted to Respondent 1, titled “Dhanibaba Pure Mustard Oil”. The petitioner’s contention in the petition is that label A violates the copyright held by the petitioner in label B, and that, therefore, no registration could have been granted by the Registrar of Copyright to Respondent 1, in respect of the infringing Label A: Label A
2. The respondent has, thereafter, changed its label “A” to the following Label C: Label B
3. Learned Counsel for the petitioner submits, on instructions, that his client is agreeable to the use, by the defendant, of the new label, as it does not infringe the petitioner’s copyright. He, however, prays that the Registrar of Copyright be directed to delete from the register of Copyright the impugned copyright no. A-135126/2020 dated 2 Label C nd November 2020, granted to Respondent 1.
4. Mr. Abhinav Bhatia, learned Counsel for Respondent 1, has no objection to the said deletion.
5. Accordingly, by consent,
(i) Registration No. A-135126/2020 dated 2nd
(ii) Respondent 1 shall stand permanently restrained from using Label A,
November 2020, granted in respect of the Label A supra by the Registrar of Copyright to Respondent 1 shall stand deleted from the Register of Copyrights,
(iii) in lieu of Label A, however, Respondent 1 is however permitted to use Label C hereinabove.
6. The petition stands allowed accordingly.
C. HARI SHANKAR, J
JANUARY 24, 2023