- (1.)THIS is an application under section 50 of the Copyright Act, 1957 for expunction of Registration number A -76067/2006. According to the submissions of the petitioner, the petitioner is a company, incorporated on 24th March, 1932 under the Indian Companies Act, 1913 as the Bengal Electric Lamp Works Ltd. Its name was subsequently changed to Bengal Lamos Ltd. on 7th February, 1983. The petitioner has in greater details mentioned its business achievements over this long period. Paras 1 to 22 are exclusively devoted to these aspects of the matter and the stay proceedings relating to the trade marks in the High Court of Calcutta. Of course, turn over and other business achievements are highly relevant factors to assess the status of a trade mark. With a view to assail the registration of the copyright, it is more important to question the originality of the work as envisaged under section 13 of the Copyright Act, 1957 and the statutory violations, if any, under section 15 and proviso to sub -section (1) of section 45 of that Act and rule 16(3) of the Copyright Rules, 1958. Submissions for the specific prayer for the rectification under 50 of the Copyright Act, 1957 begin with para 23. Major thrust of the arguments in the submissions relate to the certificate issued by the Registrar of Trade Marks under section 45 of the Copyright Act, 1957. We find the petition lacking in basic formalities of the pleadings. Verification having provided for as "Verified at Kolkata on this day of October 2006" leaves the date as blank. Same is the state with the Verification in the accompanying affidavit though the affidavit has been signed by the notary and the date, of notarization has been put as 4th October, 2006. Respondent has not filed the written statement.
(2.)IN view of the above, we are not in a position to proceed with the matter. Hence, the petition is dismissed being defective with the liberty for the petitioner to file the same afresh.