Tuesday, May 18, 2010

Copyright Act, 1957 Section 50

Trademark LIFEBUOY of the plaintiff enjoying reputation. Respondent using a wrapper of same size, same colour, with same proportion of the segment of the colour red vis—vis white but for trade name LUCKY SOAP . Opposition before the Registrar of Trademarks . Registrar of Trademarks held that the wrapper of the respondent, if permitted to be registered, would cause confusion in the eyes of the consumer and hence is deceptively similar to that of the appellant . Copyright Board has arrived at a totally contradictory finding . Copyright Board gravely erred in not even discussing the order passed by the Registrar of Trademarks . HELD Impugned order, set aside.

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