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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 31^st July, 2023

Date of decision: 6^th September, 2023

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C.O.(COMM.IPD-CR) 715/2022

MANJU SINGAL PROPRIETOR SINGLA FOOD

PRODUCTS

..... Petitioner

Through:

Mr. Ajay Amitabh Suman, Mr.

Mankaran Singh & Mr. Risabh

Gupta, Advocates instructed by Mr.

S K. Bansal, Advocate.

versus

DEEPAK KUMAR, DEEPAK MANOCHA, SARA SALES AND

ANR.

..... Respondents

Through:

Ms. Nidhi Raman CGSC with Mr.

Zubin Singh, Advocate for R-2. (M:

9891088658)

CORAM:

JUSTICE PRATHIBA M. SINGH

JUDGMENT

Prathiba M. Singh, J.

1. This judgment has been pronounced through hybrid mode.

Background

2. The present petition is of the year 2020. It was originally filed before

the Intellectual Property Appellate Board (IPAB) and transferred to this

Court upon the enactment of the Tribunals Reforms Act, 2021.

3. The Petitioner- Manju Singal Proprietor Singla Food Products has

filed this petition under Section 50 of the Copyright Act, 1957 (hereinafter

‘the Act’) seeking rectification of the Registration of the Copyright bearing

No. 128962/2019 (hereinafter ‘impugned registration’). The impugned

registration has been obtained by the Respondent No. 1- Mr. Deepak Kumar

@ Deepak Manocha. It is the claim of the Petitioner that it is an earlier

Digitally Signed

By:DHIRENDER KUMAR

Signing Date:06.09.2023

18:34:17

Signature Not Verified

creator of a similar artwork which is almost identical to that of impugned

registration of the Respondent No. 1.

4. Vide order dated 15^th September, 2020, notice was issued in this

Petition by the IPAB and while taking a prima facie view, the IPAB ordered

a stay on the operation of the impugned registration. Upon transfer to this

Court, this matter was first listed before the Joint Registrar on 18^th July,

2022, wherein both the Petitioner and the Respondent No. 1 appeared.

Notice was also issued by the Court on 16^th January, 2023 and thereafter, in

view of the continuous non-appearance of the Respondent No.1, even after

service, Respondent No. 1 is proceeded ex parte.

Brief Facts

5. The Petitioner is in the business of manufacturing, marketing and

selling snack food products, confectionery and other namkeen edible

products under the mark ‘GULCHHARE’. The said mark is stated to have

been adopted by the Petitioner in 2009. Along with the said mark the

Petitioner also created an artistic artwork and packaging for the mark which

has been used since 2009. The said artwork which was adopted by the

Petitioner, along with the mark ‘GULCHHARE’ is set out below:

Digitally Signed

By:DHIRENDER KUMAR

Signing Date:06.09.2023

18:34:17

Signature Not Verified

Submissions

6. The Petitioner claims ownership of the said artistic artwork on the

ground that the said artwork was created by the artist at the instance of the

Petitioner on payment of valuable consideration. The Petitioner’s artwork is

also registered under the Copyright Act, 1957 and the same is bearing no. A-

112378/2014. In addition, the Petitioner asserts that it has been dealing with

the said artwork in the course of trade, in relation to its goods and business,

within the meaning of Section 14 of the Copyright Act, 1957.

7. The Petitioner claims to have achieved a total sales turnover of over

Rs. 7 crores for the year 2019-2020 and asserts that it possesses all the

necessary statutory licenses to conduct business all over the country. The

Petitioner claims that it is aggrieved by the impugned registration of the

artwork ‘GOORCHARRE’ by Respondent No. 1, on the ground that the said

registration is for an identical artwork, using the same combination of

colours and also artistic style of writing. The Petitioner also submits that

vide order dated 3^rd October, 2020, a ld. District Judge of the Commercial

Court Saket in CS(COMM) 241/2020 titled Manju Singal, Proprietor M/s

Singla Food Products v. Deepak Kumar @ Deepak Manocha & Anr., has

already issued a