Allowed

Austin Nichols and Co. Inc. v. M/S Jagatjit Industries Ltd. and Ors.

Delhi HC1 May 2024C.O.(COMM.IPD-CR)/805/2022

Case brief

AI extract

What is this about?

Petitioner sought cancellation of copyright registration for 'BLENDERS PRIDE LABEL'. Respondent consented to cancellation pursuant to a decree passed between parties. Court allowed the petition and cancelled the registration.

What did the court decide?

Cancellation of Copyright registration No. A-71799/2005 and Certificate No. CC 3118/2003-2004.

Austin Nichols and Co. Inc. Vs M/S Jagatjit Industries Ltd. and Ors. — Delhi HC (2024) — LawSathi Research

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$~21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- C.O.(COMM.IPD-CR) 805/2022

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AUSTIN NICHOLS AND CO. INC ..... Petitioner

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Through: Mr. Sambhav Jain and Ms. Reena Mohan, Advocates.

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versus

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M/S JAGATJIT INDUSTRIES LTD AND ORS ..... Respondents Through: Mr. Nikhil Y. Chawla and Mr. Varun Ahuja, Advocates for R-1.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R % 01.05.2024

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By way of the instant application, the Petitioner seeks cancellation of copyright registration No. A-71799/2005 dated 30^th April, 2005 for “BLENDERS PRIDE LABEL”¹ in favour of Respondent No. 1.

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Apart from the above-captioned petition, there was also a suit [CS(COMM) 376/2018] inter se the parties, which has been decreed on consent terms vide order dated 2^nd April, 2024, on a joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. In terms of the settlement between the parties, Respondent No. 1 (Jagatjit Industries Ltd./Defendant No. 2 in the suit) has agreed to give no objection to the cancellation of the Impugned Copyright. A copy of the consent decree Court dated 2^nd April, 2024 has been handed over across the board for the Court’s

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1 “Impugned Copyright”

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:54:21

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perusal.

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In light of the above and considering the no objection on behalf of Respondent No. 1 to cancellation of the Impugned Copyright, the present petition is allowed in the following terms:

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i) Copyright registration under No. A-71799/2005 for the “BLENDERS PRIDE LABEL” dated 30^th April, 2005, is cancelled. ii) Registrar of Copyrights shall issue an appropriate notification to this effect.

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iii) Certificate No. CC 3118/2003-2004 dated 7^th April, 2004 issued by the Registrar of Trade Marks prior to the Impugned Copyright registration also stands cancelled.

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With the above directions, the petition is disposed of.

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SANJEEV NARULA, J

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MAY 1, 2024 nk

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:54:21

Austin Nichols and Co. Inc. v. M/S Jagatjit Industries Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Austin Nichols and Co. Inc. v. M/S Jagatjit Industries Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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