2008 (12) TMI 789

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....adeep Nandrajog, J. 1. Heard learned Counsel for the appellant. 2. A short issue arises for consideration: whether statutory authorities are governed by the principle of comity. 3. The principle of comity is well recognized in law, whereunder different statutory authorities and courts give due respect to the opinion rendered by each other. Only when the decision or an opinion of a Court o....

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....n before the Registrar of Trademarks when respondent sought registration of the mark and the wrapper as its proprietary property, the opposition by the appellant succeeded with the Registrar of Trademarks turning down the application filed by the respondent vide order dated 13.9.1988. 7. In proceedings before the Copyright Board under Section 50 of the Copyright Act the appellant has failed. ....

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.... is that while dealing with the question of infringement of copyright of an artistic work, the Court is to test on the visual appearance of the object and drawing; design of the artistic work in question and by applying the test viz. "the lay observer test" whether to persons who are not experts in relation to objects of that description, the object appears to be a reproduction. If to the lay obse....

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....and is a manufacturer of a well known soap, it cannot be permitted to claim a monopoly of two labels with a red background and words in white colour. We are convinced that the petitioner has miserably failed to establish its case of piracy of label by the respondent. In the result the petition deserves to be dismissed. Since the respondent has not appeared we do not think it proper to saddle the p....