The case involves Sri Manjunatha M.S., proprietor of Sri Sathya Sai Baba Oil Mill, who filed a petition under Section 482 of the Criminal Procedure Code seeking to set aside orders from previous proceedings related to trademark infringement.
The petitioner claims that the initial complaint against him was wrongly registered under the Copyright Act, 1967, for offenses that should have been under the Trade Mark Act, 1999. He argues that this misregistration was intentional, to bypass the requirements of the Trade Mark Act, which mandates obtaining the Registrar of Trade Marks' opinion before conducting a search and seizure. The petitioner contends that the entire criminal process was an abuse of law and should be quashed.
The respondents, represented by the State and Sri K.R. Nagendra, proprietor of Shankar Industries, argue that the complaint was correctly filed to protect against trademark infringement and that any irregularities in the process do not warrant quashing the proceedings. They rely on precedents that suggest non-compliance with the Trade Mark Act's proviso is an irregularity that does not lead to a miscarriage of justice.
The court found that there is no embargo on laying a charge sheet for offenses under the Trade Mark Act, even if the initial complaint was registered under the Copyright Act. However, the court noted that if the initial registration was malafide, it could intervene under Section 482 of the Cr.P.C.
The court also addressed the non-compliance with the proviso to Subsection (4) of Section 115 of the Trade Mark Act, which requires obtaining the Registrar's opinion before a search and seizure. The court, citing various high court decisions, concluded that such non-compliance is an irregularity that does not go to the root of the investigation and can be addressed during the trial if it causes a failure of justice. In light of these findings, the court dismissed the petition, stating that it is not required to exercise its powers under Section 482 of the Cr.P.C
Case Citation: Sri. Manjunatha M. S Vs State By Arsikere Town Police: 08.07.2024/CRL.P. 1620 of 2017 /2024:KHC:25896: Karnataka High Court/Suraj Govind Raj. H.J.
[The information is shared in the public interest. Readers' Discretion is advised as it is subjective and may contain errors in perception, interpretation, and presentation.]
Written By: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
The petitioner claims that the initial complaint against him was wrongly registered under the Copyright Act, 1967, for offenses that should have been under the Trade Mark Act, 1999. He argues that this misregistration was intentional, to bypass the requirements of the Trade Mark Act, which mandates obtaining the Registrar of Trade Marks' opinion before conducting a search and seizure. The petitioner contends that the entire criminal process was an abuse of law and should be quashed.
The respondents, represented by the State and Sri K.R. Nagendra, proprietor of Shankar Industries, argue that the complaint was correctly filed to protect against trademark infringement and that any irregularities in the process do not warrant quashing the proceedings. They rely on precedents that suggest non-compliance with the Trade Mark Act's proviso is an irregularity that does not lead to a miscarriage of justice.
The court found that there is no embargo on laying a charge sheet for offenses under the Trade Mark Act, even if the initial complaint was registered under the Copyright Act. However, the court noted that if the initial registration was malafide, it could intervene under Section 482 of the Cr.P.C.
The court also addressed the non-compliance with the proviso to Subsection (4) of Section 115 of the Trade Mark Act, which requires obtaining the Registrar's opinion before a search and seizure. The court, citing various high court decisions, concluded that such non-compliance is an irregularity that does not go to the root of the investigation and can be addressed during the trial if it causes a failure of justice. In light of these findings, the court dismissed the petition, stating that it is not required to exercise its powers under Section 482 of the Cr.P.C
Case Citation: Sri. Manjunatha M. S Vs State By Arsikere Town Police: 08.07.2024/CRL.P. 1620 of 2017 /2024:KHC:25896: Karnataka High Court/Suraj Govind Raj. H.J.
[The information is shared in the public interest. Readers' Discretion is advised as it is subjective and may contain errors in perception, interpretation, and presentation.]
Written By: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
