This is a judgment delivered on August 5, 2024, by the High Court of Delhi in the case of RFA(OS)(IPD) 1/2023, involving R. C. Plasto Tanks and Pipes Pvt. Ltd. (the appellant) and Ganesh Gouri Industries & ANR (the respondent). The appellant challenged the copyright registration of the respondent's artwork titled "Gauri Aqua Plast" (Label), registered under No. A-142047/2022, claiming it to be a colorable imitation of their own registered trademark "Plasto" and artistic label registration A-142461/2022.

The appellant argued that there was a substantial similarity between the competing artistic works and that the respondent was aware of the appellant's marks, having given an undertaking in a previous suit not to use similar marks. The appellant also emphasized their prior use of the "Plasto" artwork and the settlement reached in the previous suit, which included the respondent's agreement not to use certain marks.

The respondent's counsel argued that there was no similarity between the works and that the appellant failed to demonstrate that the respondent's copyright was not original.

The court, in its analysis, referred to the Copyright Act, 1957, and the principles of copyright infringement, noting that the test for infringement is the visual appearance and the overall impression of the work. The court found that the works were not identical and that the only common feature was the word "PLAST," which is a derivative of "Plastic." The court also considered the undertaking given by the respondent in the previous suit but concluded that the appellant could not benefit from it in this case due to the distinctiveness of the competing works.

The court held that the appellant failed to prove that the respondent's work was a colorable imitation or substantial reproduction of the appellant's copyright. The court dismissed the appeal, finding no infirmity in the impugned judgment, and upheld the copyright registration of the respondent.

Case Citation: RC Plasto Vs Ganesh Gauri Indistries -DB:05.08.2024 : RFA(OS)(IPD) 1/2023: 2024:DHC:5787-DB: Delhi High Court: Vibhu Bakhru and Amit Mahajan. H.J.

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Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539