TMI Blog2008 (12) TMI 789X X X X Extracts X X X X X X X X Extracts X X X X ..... ises 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 or a statutory authority is contrary to law, public policy or morality are the grounds on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pper 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. 8. The order passed by the Copyright Board, unfortunately, has not even taken judicial notice o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 observe it would not appear to be a reproduction, there is no infringement of the artistic copy right in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 petitioner with the costs of this petition. Hence the petition is hereby dismissed with no order as to costs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , that the appellant has not obtained any registration of its wrapper under the Copyright Act. This is incorrect. 14. The petition filed by the appellant under Section 50 of the Copyright Act requires to be allowed. 15. The appeal is allowed. 16. Impugned order dated 29.6.1993 passed by the Copyright Board is set aside. Petition filed by the appellant under Section 50 is allowed with a di ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
