Jupiter Succeeds Against Kaveri: Failure To Defend Registration

The Copyright Act, 1957, provides for a rectification of the register, under S. 50. The section reads:

Rectification Of Register By Copyright Board: The Copyright Board, on application of the Registrar of Copyrights or of any person aggrieved, shall order the rectification of the Register of Copyrights by ---

1. the making of any entry wrongly omitted to be made in the register , or
2. the expunging of any entry wrongly made in, or remaining on, the register , or
3. the correction of any error or defect in the register.

Filling an application under the section, an associated dispute came up calling for the Copyright Board' attention vide Jupiter Match Work v. Kaveri Match Works & Anr. 2008(37)PTC 613(CB). Jupiter claimed to be proprietor the label HORSE and a device of a horse standing on two legs. Jupiter was also involved in the business of matches vide the mark 'RED HORSE', also with a horse standing on two legs. The mark being registered under the Trade and