The Delhi High Court rejected 日本たばこ's action seeking removal of the copyright registrations for CAMEL and CAMEL COLLECTION, ruling that it had failed to establish the first author of the original works.
The Delhi High Court dismissed the action brought by 日本たばこ株式会社 and US-based foreign company Worldwide Brands Inc. seeking removal of the copyright registrations for CAMEL and CAMEL COLLECTION obtained in 1997. The action argued for the application of Section 50, but the court ruled that evidence of trademark registration and prior use alone could not establish the first author of a copyrighted work. The court stated that identifying the first author requires proof that the person actually created the work.
The plaintiffs argued that the CAMEL lettering and logo had been used since 1913 and expanded into apparel from the 1970s onward, but the materials and evidence submitted to identify the designer were not deemed sufficient. The court recognised the cross-border application of the international copyright provisions, but ruled that this did not establish the first author.
The court also carefully examined whether the materials submitted by 中央衣料株式会社 (Central Wearhouse) satisfied the requirements for copyright protection. It found the arguments concerning Section 45(1) and Rule 70 unpersuasive and concluded that the registrations should not be cancelled. Ultimately, the court ordered that "the application be dismissed."