An application was filed for the expunction from the Register
under S. 50 of the Copyright Act, 1957in respect of
"GALAXY" and the merits of the same were decided as under
Mars Inc. v. Monica Galaxy (Pvt.) Ltd 2008 (37) PTC 617
(CB). Mars Inc. was a holder of a trademark in the same with
respect to non-medicated confectionary, while Monica Galaxy had
obtained copyright registration for a label containing Monica
Galaxy- Monica Galaxy (Pvt.) Ltd. along with an ice-cream cone
device. It was stated that Monica Galaxy had obtained registration
in violation of S. 45 of the Copyright Act. The requisite
certificate from the Trademark Registry was stated to have been
acquired fraudulently. There was discrepancy in their claiming
adoption itself, since forth the Additional District Judge he
claimed to have adopted the mark in 1989, while before the
Registrar first publication was claimed in 1988.
The Counsel for Monica Galaxy raised objections pertaining to
the competence of the Power of Attorney. Defects and gaps in the
petition were also pointed out. He also stated that in a copyright
petition, the element of use was immaterial and that they had duly
complied with the requirements of S. 45 of the Act. Mars Inc
responded to the contentions, placing a Power of Attorney in favour
of another person. Further evidence and cross-examination had been
The matter having been listed for hearing, Mars failed to bring
the person in whose name the power of Attorney was endorsed, in
pursuance to which the Board suggested that Mars could withdraw the
petition and file it fresh and accordingly adjourned the matter. On
taking up the same later, Mars having filed a fresh petition,
Monica Galaxy pleaded for more time to respond to the same, and the
matter got adjourned yet again. The Copyright Board then took
cognizance of the matter, when the Board was informed that Monica
galaxy had withdrawn the matter. There was no representative on
behalf of Monica Galaxy.
The Board in deciding the matter took the view that it was not
necessary to summon the first holder of the power of attorney for
examination and that the pleadings and evidences would be
sufficient to meet the ends of justice. The counsel for Mars Inc.
stated that the subject matter of artistic work was pending in the
civil courts and that Monica Galaxy is in violation of Rule 16(3)
of the Copyright Rules, 1958, whereby a statutory notice was to be
given. Rule 16 (3) and Section 45 (1) were looked into and it was
concluded that the application for registration of Copyright was
not initiated before 1999. Further, the date of the injunction
application forth the Additional District Judge revealed that
Monica Galaxy who was a defendant therein was aware of the impugned
artistic work. The Board held that since Monica Galaxy had not
moved with clean hands, the same was sufficient to conclude
expunction of registration in view of Paras 2 and 5 of Form IV, of
the Copyright Rules 1958.
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