BOMBAY METALS PVT LTD vs TARA SINGH 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) 770/2022 BOMBAY METALS PVT LTD .....Petitioner versus TARA SINGH 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 No. A- 76602/2006 (“Impugned Registration”). FACTUAL BACKGROUND: 2. The Petitioner, Bombay Metal Works (P) Ltd., is a company engaged in the business of manufacturing and marketing bicycle parts. The Petitioner C.O.(COMM.IPD-CR) 770/2022 Page 1 of 11 Signature Not Verified Signed By:NEELAM SHARMA Signing Date:30.03.2026 11:04:55 claims that the said parts are marketed under a Trade Mark comprising a Trade Dress / Packaging, which has a distinctive colour combination, layout, arrangement of features and get-up to distinguish the products of the Petitioner from those of others in the market. 3. One such cycle part marketed by the Petitioner is Ball Head Racer. The Petitioner is the owner of copyright in various packaging of Ball Head Racer products. The details of the said registrations are as under: Artistic Work Copyright Registration No. BM Ball Head Racer Packaging A-11136/74 BM Screw Racer Packaging A-11138/74 BM Ball Head Racer Packaging A-55236/98 BM Ball Head Racer Packaging A-55238/98 BM Screw Racer Packaging A-55214/98 4. It is claimed in the Petition that along with the said packaging, the Petitioner also introduced a