KEDAMBADY JAGANNATHA SHETTY, J.

( 1 ) THIS miscelleneous appeal is filed under S. 72 (2) of the Copyright Act, 1957 ('act' for short) against the order dt. 6-8-1981 made by the Copy Right Board, Bangalore, (to be hereinafter called the 'board') in case No. 17 of 1980.

( 2 ) BRIEFLY stated facts are: That the appellant viz. , the Associated Electronic and Electrical Industries Pvt. Ltd. , is a company registered under the Companies Act. It manufactures electrical goods. The respondent is a partnership firm by name Sharp Tools, carrying on its business of manufacture in engineering goods.

( 3 ) THE appellant filed an application on 28/05/1980 before the Board under S. 50 of the Act, for cancellation of the copy right registration No. A-25165/79 of the respondent stating that it has been wrongly obtained or wrongly remained in the register of copy right. The case of the appellant is that they are manufacturers of electrical goods over long period. They have the trade mark of 'sharp' with the formidable sale publicity all over India since 1959. The said trade mark was registered under the Trade and Merchandise Marks Act, 1958, with effect from 7-12-1961. It is currently valid against a

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