Decided on August 22,2005



Brij Kishore Sharma, Chairman - (1.) THIS is an application under Section 50 of the Copyright Act, 1957 seeking expunction of an artistic work "Usha Shriram" (device and logo) bearing registration No. A-49316/88. The artistic work was registered in the name of Usha Intercontinental (Prop. General Sales Ltd.) in the year 1988. Late in the year 1993 the ownership in the artistic work was transferred to Chinar Trust. But in the year 2000 Chinar Trust transferred the ownership back to Usha Intercontinental.
(2.) The applicant named Chinar Trust as the Respondent in the application filed in 2003. On August, 22, 2005 just before the arguments were to commence the applicant moved an application praying for addition of Usha Intercontinental as an additional respondent. The advocate for the Respondent stated that he has no objection to the application being accepted and Usha Intercontinental being added. Accordingly the application was allowed and the Chiner Trust was made Respondent No. 1 and Usha Intercontinental as Respondent No. 2. The first ground taken by the applicant is that the entry lacks originality. The reason given is that the applicant holds valid Copyright and trademark registrations for the USHA logo prior to the impugned registration. It is stated in Para 1 of the application" ...'the Respondent adopted the impugned artistic work with full knowledge and access to the petitioner's (sic) USHA logo, and consequently the said entry could not be said to have originated with the Respondent...thereby lacking in originality.... The applicant has been using USHA (Single block) and USHA (four blocks separated by narrow white gaps between the letters) as trade marks since 1979 (Para 4). Besides the "Usha logo" the applicant has being using the trade marks 'Shriram' and a 'petal device'. (Para 8). It is claimed that the petals device is original work entitled to Copyright protection (Para 10). The three logos-Single block, 4 Block and 5 block are reproduced below: Copyright Registration No. : A-5349/70 Copyright Registration No.: A-25166/79 Copyright Registration No. : A-49316/88
(3.) THE applicant and both the respondents have a common ancestor (the term is being used in a general sense). THEy are legal persons who trace their origin to their founder Late Sir Shriram, well-known industrialist who is also the founder of some of the premier educational institutions of Delhi. This is reflected in the application where it is stated in Para 11 "THE Petitioner and the Respondent have been associated in business and commonly known as Usha - Shriram Group of Companies." It is further stated in para 12 that both the parties have been marketing their products under the marks usha and Usha Shriram and acted together and jointly along with other group companies to restrain other parties from using 'Usha'.;

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