DWARKA MATLANI vs JAY DARYANI AND ANR

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision : 31st January, 2025 + C.O.(COMM.IPD-CR) 704/2022 DWARKA MATLANI .....Petitioner Through: Mr. Rajesh Sharma, Advocate. versus JAY DARYANI AND ANR .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present rectification petition has been filed by the petitioner for cancellation of the Copyright registered vide entry number A – 129092/2019 titled ‘ROYAL’ dated 2nd May 2019. 2. The petitioner is engaged in the business under the trade name “Kishan Foods Products,” operating in Rajasthan. The petitioner manufactures and markets various products, including supari, sweet supari, mouth fresheners, Aam pachak tablets, and non-medicated confectionery, under the trademark ‘RAHUL’. 3. In 1997, the petitioner adopted the mark “Rahul Aam Pachak Tablet” Signature Not Verified Digitally Signed C.O.(COMM.IPD-CR) 704/2022 Page 1 of 8 By:DINESH KUMAR Signing Date:10.02.2025 16:01:39 along with its distinctive label and artwork and and has continuously been using these labels/artwork for marketing its Aam Pachak tablets and non-medicated confectionery. 4. The petitioner has obtained registration for its trademark/ label/ artwork on 17th August, 2007, under registration number 1591507 in Class 30. 5. It is stated that the petitioner has widely advertised its labels/artworks through various newspapers. Copies of these advertisements are annexed with the petition. 6. It is stated that the petitioner is the prior adopter and user of the Signature Not Verified Digitally Signed C.O.(COMM.IPD-CR) 704/2022 Page 2 of 8 By:DINESH KUMAR Signing Date:10.02.2025 16:01:39 trademark, labels/ artworks, which constitute an original work under the Copyright Act, 1957. Moreover, the petitioner