Registration Not Mandatory Chandigarh

Registration Not Mandatory – Chandigarh

The Bombay High Court in the case titled as Sanjay soya (P) Ltd. V. Narayani Trading Company decided on 09/03/2021 observed that 

Rational behind allowing a trade mark registrant or a copyright owner additional jurisdictional choice is that the right claimed is in rem, against the world at large. The infringement takes place where the proprietor of the trade mark or the owner of copyright resides or works. This is therefore, no ground to hold that copyright registration is mandatory.

The owner of a copyright has a panoply of jurisdictional choice including one that is available only to him (and not to an ordinary plaintiff in a regular civil suit).

How To Protect Copyright

The high court referred to classic trinity as set out in Reckitt & Colman Products Ltd v. Borden Inc., [1990] 1 All ER 873. And observed that what the plaintiff is required to do:

  1. Goodwill owned by Claimant – Classic Trinity places on a plaintiff the burden of proving goodwill in its goods and services, trade, dress, brand mark or even the Thug Life.
  2. Misrepresentation – A plaintiff is supposed to prove the false representation to the public that leads it to believe that the good and services of the defendant are those of the plaintiff.
  3. Damages to that goodwill – Plaintiff is also supposed to prove that the goodwill was damaged but he need not prove actual or special damage.

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