BOMBAY METAL WORKS (P) LIMITED vs TARA SINGH PROP. R.S. INDUSTRIES (REGD) AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 28.03.2026 + C.O.(COMM.IPD-CR) 17/2024 BOMBAY METALS (P) LIMITED .....Petitioner versus TARA SINGH PROP. R.S. INDUSTRIES (REGD) AND ANR .....Respondents Advocates who appeared in this case For the Petitioner : Mr. Sachin Gupta, Ms. Prashansa Singh, Ms. Mahima Chanchalani, Mr. Rohit Pradhan, Ms. Diksha Tekriwal & Mr. Ajay, Advocates. For the Respondents : Ms. Nishi Ranjan Singh, Advocate for Respondent Nos.1A and 1B. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. This is a Petition filed under Section 50 of the Copyright Act, 1957 (“Act”) seeking removal / rectification of Copyright Registration Nos. A- 85865/2009 and A-85866/2009 (“Impugned Registrations”). The present matter was originally filed before the Copyright Board, Delhi and, C.O.(COMM.IPD-CR) 17/2024 Page 1 of 14 Signature Not Verified Signed By:NEELAM SHARMA Signing Date:30.03.2026 11:08:24 thereafter, transferred to Calcutta High Court and, finally, transferred to this Court pursuant to the Order dated 18.07.2024 passed by the Supreme Court in Transfer Petition (C) No. 465/2024. FACTUAL BACKGROUND: 2. The Petitioner, Bombay Metal Works (P) Ltd., is a company engaged in the business of manufacturing and marketing bicycle parts, which are marketed under the Trade Mark comprising a trade dress / packaging having distinctive colour combination, layout, arrangement of features and get-up to distinguish the products of the Petitioner from others in the market. One such cycle part marketed by the Petitioner is Ball Head Racer. The Petitioner is the owner of copyright bearing Registration Nos. A-11138/74, A- 55236/98, A-55238/98 and A-55214/98 of the Petitioner (“Petitioner’s Copyright”) in various packaging of Ball Head Racer (“Pe