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Karnataka High Court
Associated Electronic - Appellant
Versus
Sharp Tools - Respondent
Decided On : 01-31-91
M.F.A. : 222 of 1983
COPYRIGHT - Infringement - Copyright Act, 1957, Section 72(2) - Summary of Acts and Sections: Copyright Act, 1957, Section 2(c), 2(d), 2(m), 2(y), 13(1), 14, 17-21, 22-29, 30-32, 44-50, 51-53 - The court discussed the nature of copyright, definitions of artistic works, author, infringing copy, and work, ownership and rights of the owner, terms of copyright, licenses, registration of copyright, and infringement of copyright.
Fact of the Case:
The appellant, a company manufacturing electrical goods, filed for cancellation of the respondent's copyright registration of 'sharp Tools' under the Copyright Act, alleging infringement of their 'sharp' trademark. The respondent, a partnership firm manufacturing engineering goods, contested the claim.
Finding of the Court:
The court found that the respondent's 'sharp Tools' was not a reproduction or imitation of the appellant's 'sharp' and therefore did not infringe the appellant's copyright.
Issues: The main issue was whether the respondent's 'sharp Tools' infringed the appellant's copyright of 'sharp'.
Ratio Decidendi: The court applied the 'lay observer test' and various legal principles to determine that there was no infringement of the appellant's copyright by the respondent's work.
Final Decision: The appeal was dismissed, and the court upheld the decision of the Copyright Board, finding no infringement of the appellant's copyright by the respondent's 'sharp Tools'.
( 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 anybody according to the provisions of the Trade and Merchandise Marks Law. The said registered trade mark is numbered as No. 206181, which is annexed as 'b' and 'b-1'. In view of the vast reputation and extensive good-will built up in the 'sharp' mark they claim a copy right interest in all their advertisement with the artist work of 'sharp' registered as Trade Mark No. 206181, under the said Act.
( 4 ) IT is averred that the appellant came across a copy right caution notice published in 'indian Express' news paper on 15-10-1979 issued by the respondent, as to the copy right of 'sharp Tool' registered as No. 251165/79 dt. 29-8-1979, annexed as 'c', under the Copyright Act, 1957. It is stated that the subject matter of registration of copyright under the Act by the respondent is colourable imitation of the appellant's work 'sharp' which they had brought into existence since 1959, and amounts to infringement of their copy right.
( 5 ) THE respondent filed his objection and resisted the claim of the appellant. The respondent has stated that it is carrying on the business from the year 1969 under the name and style of Messrs. Sharp Tools at Coimbatore. They are manufacturing engineering goods such as Motors, Pump-sets, Jigs, Fixtures and other engineering items. The trade name 'sharp Tools' used by the respondent is the firm name dealing with engineering goods and it in no way infringes or passes off as any electrical goods manufactured by the appellant. The respondent has further averred that the design namely 'sharp Tools' is a special and distinct design which is registered under the Copyright Act, on 29-8-1979. There is no infringement or pass off action by using the firm name 'sharp Tools'. It is a dictionary word. As such the question of rectification of the registration of the copy right 'sharp Tools' does not arise.
( 6 ) ON consideration of the respective contentions of the parties, the Board has held thus:"the long and short of the whole controversy in the instant case is that the petitioner has an extensive business as a manufacture and dealer of electrical and electronic goods. It has its trade marks registered under the mark "sharp". The respondent on the other hand is the manufacturer and dealer in Engineering goods such as motors, pump sets, jigs and fixtures etc. The word 'sharp tools' written in a distinctive manner is the trade name of the respondent firm. There is no doubt that the petitioner has a trade mark in the word 'sharp'. The word 'sharp' is in no way concerned with the name 'sharp Tools' which is the firm name of the respondent. The business of the petitioner relates to electrical goods while the business of the respondent is in respect of engineering goods. The two businesses are entirely separate and distinct the word "sharp
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