The Delhi High Court in the case Hugo Boss Trademark Management GMBH And Co. KG. v. Sandeep Arora Trading As Arras The Boss And Ors observed and has cancelled the copyright registration of ‘Arras The Boss’, which is obtained by an individual selling perfumes, in a suit filed by German perfumery brand ‘Hugo Boss’. The bench headed by Justice Prathiba M Singh in the case observed and has stated that that ‘Arras The Boss’ is an imitative mark and artistic work and not an original artistic work. The court stated that the respondent No. 1 cannot claim any rights in the mark ‘BOSS’ and thus, cannot own a copyright registration in an artistic work, the essential feature of which is the mark BOSS. Thus, the list of marks, which have been applied by Respondent No. 1, would also show that Respondent No. 1 is indulging in habitual copying of various well-known marks. In the present case, the suit was filed by Hugo Boss against one Sandeep Arora who obtained the copyright registration for ‘Arras The Boss’ in 2021 and the Hugo Boss seek cancellation of the said copyright registration. The bench of Justice Singh in the case observed and has stated that if any person or entity mis-describes the work as an original work, which is also a substantial imitation of a registered Trade Mark and label, such registration would be a registration wrongly remaining on the Register of Copyrights. The court observed with regards to this position and the prior and superior rights enjoyed by the Petitioner, the Respondent’s registration is an entry, which is wrongly made and is also wrongly remaining in the register. Adding to it, the court stated that the copyright registration…is expunged and cancelled from the Register of Copyrights. Let the said order be reflected on the website of CGPDTM within the period of four weeks. Accordingly, the court allowed the petition and disposed of all the pending applications.
