The Delhi High Court recently ordered removal of the artwork titled ‘GOORCHARREY LABEL’ registered in the name of the respondents, Deepak Kumar, among others (“Respondents”) from the Register of Copyrights (“Register”), following a cancellation petition filed by Manju Singal, trading as Singla Food Products (“Petitioner”).
The cancellation petition was based on the Petitioner’s earlier rights in a similar artwork titled ‘GULCHHARE’. It was the Petitioner’s case that theRespondents’ adopted and fraudulently obtained registration for a similar artwork with a similar trade mark to offer identical goods.
The Court noted that the Respondent’s artwork is a slavish imitation of the Petitioner’s registered artwork, name, colour combination, layout, arrangement, and artistic features used in the rival packaging. The Court, accordingly, ordered removal of the Respondent’s artwork from the Register.
| Petitioner’s artistic work | Respondent’s artistic work |
Manju Singal Proprietor Singla Food Products versus Deepak kumar, Deepak Manocha, Sara Sales and anr. C.O.(COMM.IPD-CR) 715/2022.