The Allahabad High Court refused to grant relief to the accused of using the brand name of Agra's famous Panchi Petha. The court said that prima facie the allegation appears to be true. Therefore, the court cannot pass any order in this matter. This order has been given while dismissing the petition of Justice Dr. Kaushal Jayendra Thakur and Justice Gautam Chaudhary Brijesh alias Bhola.
In this case, an FIR was lodged against the petitioner at Tajganj police station, Agra under various sections of the IPC, Section 63, 65 of the Copyright Act, and Section 103, 104 of the Trademark Act. The petitioner had sought quashing of the FIR. It was argued on behalf of the counsel for the petitioner that neither the copyright nor the Trade Marks Act has been infringed in the matter.
The respondent has filed the FIR because of rivalry, as the petitioner was earlier the manager with the respondent. He started his own business during the lockdown. The petitioner never used the name of the respondent's brand name Panchhi Petha. The petitioner is doing the business of Petha and Dalmoth in the name of Petha Dalmoth.
He has been falsely implicated in the case. The Court observed that it appears from the documentary evidence that the petitioner is doing business in his product by using the bird logo and writing Petha in front which represents the brand name of the respondent's firm Panchhi Petha, hence the petition is not maintainable. The court dismissed the petition on this ground.