A.K. SIKRI

1. Very brief yet crisp order dated 30th June, 2010 passed by the Copyright Board on an application preferred by the respondent no.2 herein under Section 50 of the Copyright Act, 1957 is the subject matter of the present appeal. The respondent no. 2 had filed the said application for expunction of registration number A-62685/02 granted by the Registrar in favour of the appellant herein. Before we take note of the basis on which expunction of the registration was sought, it would be apposite to find out what this registration is about. The appellant which is a registered partnership firm with its office in Kathmandu, Nepal claims that it is a well established and renowned firm engaged in the business of manufacturing and marketing of sports shoes and footwear since 1990. It also boost about the excellent quality of its product which has demand in Nepal as well as in India. The goods are manufactured and marketed under the trade mark „GOLD STAR alongwith the side trim device which is a part of their trade mark label applied to the footwear. The appellant also claims that it has spent considerable time and money to establish the aforesaid trade mark.

2. The side