- (1.) The Court The petitioner, a company incorporated under the Companies Act, 1956, as the plaintiff in a suit for infringement of trade mark and copyright against the defendantrespondent has filed this application claiming various intellectual reliefs.
(2.) One Alok Marodia was carrying on business as manufacturer and trader of agricultural seeds under the name and style of Ms. Annapurna Seeds as the sole proprietor thereof with the trade mark PAN. Since 1972 the said Alok Marodia had been using the said trade mark PAN with the pictorial device of a betel leaf. Subsequently, with effect from January 15, 2001 the said Alok Marodia became the proprietor of the registered trade mark PAN with the pictorial device of betel leaf for seeds of all kinds included in Class 31. With effect from April 1, 2011 the petitioner company was incorporated and it took over the proprietorship business of the said Alok Marodia. On April 1, 2011 the said Alok Marodia executed a deed of assignment thereby, assigning the said trade mark PAN with the pictorial device betel leaf in favour of the petitioner. By the said deed of assignment the said Alok Marodia also assigned various other trade marks which he had obtained in respect of goods of Class 31. In this regard, the petitioner has disclosed a copy of the said deed of assignment dated April 1, 2011 as Annexure-'C' thereto.
(3.) The trade mark PAN along with the pictorial device of betel leaf is claimed to be an original artistic work within the meaning of the Copyright Act, 1957 and in the year 2007, the said Alok Marodia obtained registration of such artistic work under the Copyright Act, 1957. The name of the petitioner is duly recorded as the subsequent proprietor of the said copyright. In this connection, the petitioner has disclosed the relevant documents showing the registration of the said copyright in favour of the said Alok Marodia and the subsequent, recording of its name as the proprietor of the said copyright. Even the name of the petitioner has also been recorded in the register of trade marks as the subsequent proprietor of the mark containing the expression PAN. In this regard, the petitioner has disclosed the relevant document.;