Case Title: Mrs. Preeti Vs Vijay Kumar Chopra :Date of Order: 23 June 2025:Case Number: O.A.No.183 of 2025 in C.S.(Comm.Div.) No.57 of 2025:Name of Court: High Court of Judicature at Madras:Name of Judge: Hon'ble Justice Senthilkumar Ramamoorthy
The brief facts are that the plaintiffs, proprietors of cosmetic businesses, claimed copyright over the artistic work used on the packaging of their brand “BEAUTE BLANC,” registered under copyright registration number A-130483/2019 with year of publication stated as 2014. They alleged that the defendants had copied this packaging design in selling identical cosmetic products.
Procedurally, the plaintiffs filed a commercial suit for infringement and moved an interlocutory application seeking an ad-interim injunction to restrain the defendants from using the impugned artistic work during the pendency of the suit. Both sides presented documentary evidence, including invoices, certificates, screenshots, and import documents.
The dispute centered on whether the plaintiffs had established a strong prima facie case of prior authorship, original publication in 2014, and continuous use, as required to secure an interim injunction in copyright matters, especially when defendants alleged the design itself was generic or sourced from third parties.
In discussion, the Court noted that under Section 48 of the Copyright Act, registration creates only a presumption and not conclusive proof of copyright. While the plaintiffs relied on invoices and accountants’ certificates, the earliest evidence dated from 2018 onwards and did not conclusively show publication in 2014. The defendants produced evidence suggesting similar packaging was in use by others from as early as 2017 and pointed out inconsistencies between plaintiffs’ pleadings and their prior opposition to defendants' trademark application.
The Court ultimately found that the plaintiffs did not make out a strong prima facie case justifying an interim injunction. It declined to grant the injunction but directed the defendants to maintain and file quarterly accounts of sales of products using the impugned packaging to safeguard plaintiffs’ interests pending trial.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi.
