RAJANI PRODUCTS vs MADHUKAR VARANDANI, PROPRIETOR OF M/S NATURAL INDIA OILS AND PROTEINS & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 24/11/2025 + C.O.(COMM.IPD-CR) 16/2024 & I.A. 37850/2024 RAJANI PRODUCTS .....Petitioner versus MADHUKAR VARANDANI, PROPRIETOR OF M/S NATURALINDIA OILS AND PROTEINS & ANR. ....Respondents Advocates who appeared in this case For the Petitioner : Mr. Ajay Amitabh Suman, Mr. Shravan Kumar Bansal, Mr. Rishi Bansal, Mr. Pankaj Kumar, Mr. Deepak Srivastava, Mr. Risabh Gupta, Ms. Shruti Manchanda & Ms. Deasha Mehta, Advocates. For the Respondents : Proxy Advocate appeared for Respondent No.1 (through VC). (Appearance not given). Ms. Nidhi Raman, CGSC along with Mr. Om Ram & Mr. Mayank Sansanwal, Advocates for Respondent No.2. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Petition has been filed under Section 50 of the Copyright Act, 1957 (‘Act’) seeking removal of the Copyright registration bearing No. Signature Not Verified C.O.(COMM.IPD-CR) 16/2024 Page 1 of 11 Signed By:SWATI MAYEE SAHU Signing Date:24.11.2025 20:37:11 A-128046/2019 of the artistic work titled as ‘NIOP NIWAI IN ENGLISH AND HINDI WITH DEVICE OF SWASTIK’ (‘Impugned Artistic Work’) from the Register of Copyright. FACTUAL BACKGROUND 2. The Petitioner is a partnership firm engaged in the business of manufacturing and marketing of edible oil and other allied / cognate goods. The Petitioner claims that through its predecessors, it adopted the Trade Mark / Label SWASTIK, SWASTIK NO. 1 and the SWASTIK Logo in respect of the said goods since the year 1975. The word ‘SWASTIK’ forms an essential part of the Petitioner’s said Trade Mark / Label. The details of the registration of some of the Petitioner’s Trade Marks are as under: Sr. Trademark Application Goods/services Status No No. - Class 1. SWASTIK 411334 Mustard Oil,