Keshav Kumar Ratwani Secures Interim Stay Against Dhaka Duo for Copyright Infringement on Tea Labels

Case Summary: Keshav Kumar Ratwani Vs. Rohit Kumar Dhaka & Anr. and Hanuman Prasad Dhaka & Anr.

Citation: C.O.(COMM.IPD-CR) 20/2024 & C.O.(COMM.IPD-CR) 21/2024, High Court of Delhi

Date of Decision: September 19, 2024

Coram: Hon’ble Justice Mini Pushkarna

Headnote

The Delhi High Court granted an interim stay on the copyright registrations for the artistic work “DHAKA SHREE BHARAT” held by the respondents. The court observed a prima facie case of copyright infringement and passing off, where the respondents allegedly copied the petitioner’s artistic labels and trade dress used for tea products.

Background

? Petitioner: Keshav Kumar Ratwani, proprietor of trademarks and artistic works including “Jai Bharat,” “KK Bharat,” and “New Bharat,” used for marketing tea and related products since 2015.

? Respondents:

1. Rohit Kumar Dhaka

2. Hanuman Prasad Dhaka and others, operating in the same tea business sector.

? Dispute: The petitioner alleged that the respondents illegally obtained copyright registrations (A-136056/2021 and A-138329/2021) for an artistic label identical to the petitioner’s, causing consumer confusion and riding on the petitioner’s goodwill.

Case Summary

Key Issues

1. Copyright Infringement: Whether the respondents’ artistic label “DHAKA SHREE BHARAT” was identical to the petitioner’s registered artistic works.

2. Passing Off: Whether the respondents’ actions amounted to passing off their goods as those of the petitioner.

3. Fraudulent Registrations: Allegations that the respondents obtained copyright registrations by submitting false information and forged invoices.

Court’s Observations

? Similarity in Artistic Labels:

? The respondents’ artwork was visually and structurally similar to the petitioner’s registered works, using identical colors, design elements, and trade dress.

? Bad Faith and Fraud:

? The respondents manipulated user claims and provided false evidence to secure registrations.

? Contradictory claims in various proceedings highlighted their mala fide intent.

? Consumer Confusion:

? The respondents’ actions created confusion among consumers, misleading them into associating the respondents’ products with the petitioner.

? Reputation and Goodwill:

? The respondents attempted to leverage the petitioner’s established reputation to promote their goods, causing dilution of the petitioner’s brand value.

Relief Granted

1. Interim Stay: The court stayed the operation of copyright registrations A-136056/2021 and A-138329/2021 for the artistic work “DHAKA SHREE BHARAT.”

2. Further Proceedings:

? Issued notices to respondents for filing replies within four weeks.

? Scheduled the next hearing on November 11, 2024.

Significance

The judgment highlights the court’s commitment to safeguarding intellectual property rights and curbing fraudulent practices in copyright and trademark registration. It emphasizes protecting businesses from unfair competition and maintaining the integrity of trade practices.

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