Delhi High Court Cancels Copyright Registration Of 'Arras The Boss' In Suit By Perfume Brand 'Hugo Boss'

The Delhi High Court has cancelled the copyright registration of 'Arras The Boss', obtained by an individual selling perfumes, in a suit filed by German perfumery brand 'Hugo Boss'.

Justice Prathiba M Singh said that 'Arras The Boss' is an imitative mark and artistic work and not an original artistic work.

“Moreover, 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. 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,” the court said.

The suit was filed by Hugo Boss against one Sandeep Arora who obtained the copyright registration for 'Arras The Boss' in 2021. Hugo Boss sought cancellation of the said copyright registration.

Allowing the plea, Justice Singh said 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.

“In view of 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,” the court said.

It added: “Accordingly, the copyright registration…is expunged and cancelled from the Register of Copyrights. Let this order be reflected on the website of CGPDTM within four weeks. Accordingly, the petition is allowed and disposed of. All pending applications are also disposed of.”

Title: HUGO BOSS TRADEMARK MANAGEMENT GMBH AND CO. KG. v. SANDEEP ARORA TRADING AS ARRAS THE BOSS & ORS.

Citation: 2023 LiveLaw (Del) 1296

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