Infringement of Copyright in Artistic Work

Goodwill means an intangible asset taken into account in assessing the value of the enterprise and reflecting its commercial reputation. One cannot be allowed to make use of the reputation and goodwill of the other by adopting his trade mark or a deceptively similar trade mark for his product. On the same principle he cannot be allowed to take advantage of the pendency of litigation between the one whose rights he has infringed and the third party. This was so reiterated in and Coolways India v. Princo Air conditioning and refrigeration (1993 PTC (Suppl) (1) 470 (Del.)) and repeated once again in Visakha Chemicals v. Mala Ram & Sons (2006(32) PTC 441 (Del.)) by the Delhi High Court.

In the instant case the petitioner had filed a suit along with application for interlocutory relief for infringement of trademark, passing off, infringement of copyright, rendition of accounts and delivery in respect of trademark and packaging of products ‘ROCHAK’ and ‘AM PACHAN’ which were churan and