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2015 Supreme(Del) 4415

S.RAVINDRA BHAT, VIPIN SANGHI
Midas Hygiene Industries Pvt. Ltd. – Appellant
Versus
Sudhir Bhatia – Respondent


For the Appellant :Ms. Prathiba. M. Singh, Sr. Advocate with Sh. Sushant Singh, Sh. P.C. Arya and Ms. Suhasni, Advocates.
For the Respondent:Sh. Shailen Bhatia, Sh. Mohan Vidhani and Ms. Priti, Advocates.

JUDGMENT :

S. Ravindra Bhat, J.:-

1. These appeals, under Section 72 of the Copyright Act, 1957, challenge the order of the Learned Copyright Board (hereinafter ?the Board) dated 04.04.2011, which expunged registration numbers A-51334/91, A-55885/99, and A-55885/99 upon the petition filed on 23.01.07 by the respondent/Applicant, Sudhir Bhatia (hereinafter, ?the respondent). The ground in support of the appeal is that inter alia, the Board mis-applied Section 15(2) of the Copyright Act, 1957 in the facts and circumstances of the case.

2. The appellants (hereafter called "Midas") claim to be pioneers in insecticides and pesticide production in the form of chalks in India. After conceiving the idea and testing it, Midas launched commercial activity under the trademarks "Krazy Lines" and "Laxman Rekha" (hereafter "the trademarks") approximately in 1989. The trademarks were registered, bearing Nos. 545608 and 54610 respectively in 1991, and the packaging material of the products was registered under No. A-51334/91 of the Copyright Act.

3. The respondent was employed by the appellants from 1985 as he was a close relative of a director, Mr. S.S. Kapoor. In 1992, he started production of iden

























































































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