Austin Nichols And Co. Inc v. M/S Jagatjit Industries Ltd And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.O.(COMM.IPD-CR) 805/2022 AUSTIN NICHOLS AND CO. INC ..... Petitioner Through:

Mr. Sambhav Jain and Ms. Reena Mohan, Advocates.

versus M/S JAGATJIT INDUSTRIES LTD AND ORS ..... Respondents Through:

Mr. Nikhil Y. Chawla and Mr. Varun Ahuja, Advocates for R-1.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 01.05.2024 1.

By way of the instant application, the Petitioner seeks cancellation of copyright registration No. A-71799/2005 dated 30th April, 2005 for "BLENDERS PRIDE LABEL"1 in favour of Respondent No. 1. 2.

Apart from the above-captioned petition, there was also a suit [CS(COMM) 376/2018] inter se the parties, which has been decreed on consent terms vide order dated 2nd April, 2024, on a joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. In terms of the settlement between the parties, Respondent No. 1 (Jagatjit Industries Ltd./Defendant No. 2 in the suit) has agreed to give no objection to the cancellation of the Impugned Copyright. A copy of the consent decree Court dated 2nd April, 2024 has been handed over across the board for the Court's 1 "Impugned Copyright"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:54:21

perusal.

3.

In light of the above and considering the no objection on behalf of Respondent No. 1 to cancellation of the Impugned Copyright, the present petition is allowed in the following terms:

i) Copyright registration under No. A-71799/2005 for the "BLENDERS PRIDE LABEL" dated 30th April, 2005, is cancelled. ii) Registrar of Copyrights shall issue an appropriate notification to this effect.

iii) Certificate No. CC 3118/2003-2004 dated 7th April, 2004 issued by the Registrar of Trade Marks prior to the Impugned Copyright registration also stands cancelled.

4.

With the above directions, the petition is disposed of. SANJEEV NARULA, J MAY 1, 2024 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 03:54:21