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DELHI HIGH COURT
AMIT BANSAL
Polo/Lauren Company LP – Appellant
Versus
Sandeep Arora – Respondent
| Table of Content |
|---|
| 1. filing of rectification petition under copyright act. (Para 1) |
| 2. petitioner's claim regarding trademark ownership. (Para 2) |
| 3. respondent's defense on use of marks. (Para 3) |
| 4. hearing of arguments by both parties. (Para 4 , 5) |
| 5. comparison of competing marks and trademarks. (Para 6 , 7) |
| 6. requirements for registration under copyright act. (Para 8 , 9) |
| 7. observations on rectification of copyright registration. (Para 10) |
| 8. copying of registered trademarks indicated. (Para 11) |
| 9. conclusion to allow petition and order cancellation. (Para 12) |
| 10. disposing of pending applications. (Para 13) |
JUDGMENT
Amit Bansal, J. (Oral)--This rectification petition has been filed under Section 50 of the COPYRIGHT ACT , 1957 (hereinafter `the Act') seeking removal of the registration made in the Register of Copyright in respect of impugned artwork of the respondent no.1, namely, `SPORTS POLO' under No. A- 136709/2021, obtained by the respondent no.1 in the year 2021.
2. It is the case of the petitioner that (i) the petitioner is the registered proprietor and user of the mark `POLO SPORT' since the year 1967 along with a device mark of a `horse with a person riding it while flinging hi
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