Judgement date:07.09.2022
Copyright Cancellation No.
Name of Court: Delhi High Court
Name of Hon'ble Justice: Prathiba M Singh, H.J.
Case Title: Mohd Ershad Sole Proprietor Ek Agencies Vs Registrar of Copyright and Ors
Petitioner's Registered Copyright: HIGHGRON LABEL
Respondent's Registered Copyright: ASLI KESRI CHAI
Petitioner is the prior registered Proprietor of the HIGHGRON LABEL Copyright with yellow back ground colour combination. The Respondent obtained ASLI KESRI CHAI with yellow back ground colour combination. In both the artistic labels, the colouring of both the packaging is identical, the device of woman plucking tea leaves is identical, the manner
of presentation of the words, logo and devices are also identical. Accordingly the impugned copyright registration granted in favour of the Respondent was allowed. However the Respondent No.1 was granted liberty to use ASLI KESRI CHAI Trademark with any other Label which is not similar to that of the Petitioner.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
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