Application For Expunction Decided In Favour Of Mars

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.