Madras High Court Directs Expunging of Fraudulent Copyright Registration

Court Orders Removal of Respondent's Name from Copyright Register of 'Sagar Homeo Stores' Trademark

In a significant judgment, the Madras High Court has directed the Registrar of Copyrights to expunge the name of Mir Mukkaram Ali from the copyright register, who was erroneously listed as the owner of the artistic features of the trademark "Sagar Homeo Stores." The judgment was passed by Justice N. Senthilkumar on November 28, 2025, in response to a petition filed by the heirs of Oasman Ali, claiming ownership of the trademark and its artistic work.

The petitioners, represented by Advocate Mohd Yaqoob Kafeel, successfully demonstrated their rightful ownership of the trademark "Sagar Homeo Stores," which had been registered since September 1991 for homeopathic medicines. Despite this, the respondent had managed to obtain a registration in his name for identical artistic features, allegedly through false and concocted documents.

The court found that the Registrar of Copyrights had wrongfully registered the respondent's name based on misleading documents, in violation of Sections 45(1), 45(2), and 67 of the Copyright Act, 1957. These provisions govern the entries in the register of copyrights and the penalties for providing false information.

During the proceedings, the respondent was set ex-parte after failing to appear or provide instructions for a counter-argument. The court, upon reviewing the evidence presented by the petitioners, including nine key documents, concluded that the respondent had no legitimate claim to the artistic work of the trademark.

In light of the evidence, Justice Senthilkumar ordered the expunging of the respondent's name from the copyright register and declared the registration certificate issued to him as forged and illegal. The judgment underscores the court's commitment to upholding the integrity of trademark and copyright registrations, preventing misuse through fraudulent claims.

Bottom Line:

Copyright Law - Registration of artistic features of a trademark - Petitioners proved ownership of trademark and artistic work with evidence - Registrar of Copyrights directed to expunge the respondent's name from the copyright register.

Statutory provision(s): Sections 45(1), 45(2), and 67 of the Copyright Act, 1957

Mis Oasman Ali (Deceased) v. Mir Mukkaram Ali, (Madras) : Law Finder Doc Id # 2816631