Kamdhenu Ispat Ltd. v/s. Registrar of Copyrights

In this case, an application for registration of a short combination of phrase “Sampurna Suraksha Ki Guarantee” was rejected by the Registrar on the grounds that short words/phrases cannot claim originality and it cannot be included in the literary work (under section 13 of the Copyright Act, 1957).

The Hon’ble Court observed that facts of the case and the general proposition of the law are similar to Enercon System Pvt. Ltd. v/s. Registrar of Copyrights, 2008 (37) PTC 599 (CB). The Hon’ble Court also observed the relevant application to which present appeal pertains squarely falls within the proposition of law laid down by the Division Bench of the Hon’ble Delhi Court in Pesico. Inc. and Ors. v/s Hindustan Coca Cola Ltd. and Anr. 2003 (27) PTC 305 (Del) (DB), wherein it has been held that advertising catch phrases are entitled to copyright protection.

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