Delhi High Court Cancels Copyright For Edible Oil Label Bearing 'Swastik', Says It Copies Rajani Products' Artwork
The Delhi High Court has cancelled a copyright registration granted for an edible oil label featuring a 'Swastik' device, holding that the artwork was a substantial reproduction of a label long used by Rajani Products, a manufacturer and seller of edible oils. Finding that the rival work lacked originality, the Court directed that the entry be expunged from the Register of...
The Delhi High Court has cancelled a copyright registration granted for an edible oil label featuring a 'Swastik' device, holding that the artwork was a substantial reproduction of a label long used by Rajani Products, a manufacturer and seller of edible oils. Finding that the rival work lacked originality, the Court directed that the entry be expunged from the Register of Copyright.
Delivering the judgment on November 24, 2025, Justice Tejas Karia held that the artistic work registered by a seller operating as NaturalIndia Oils and Proteins had copied the essential elements of Rajani Products' established 'Swastik' label.
Rajani Products said it discovered the rival registration only when the seller filed a written statement in an earlier infringement suit over similar packaging. It then moved the High Court seeking cancellation, contending that the competing label was a slavish imitation of its artistic work, including the placement of the 'Swastik' device and the colour scheme.
The court noted that the seller did not file any reply despite repeated opportunities. Referring to Section 50 of the Copyright Act, it recorded that any copyright entry wrongly made or unjustifiably remaining on the register can be removed through rectification proceedings filed by an aggrieved person.
Since both parties operate in the same trade and the rival label used the same 'Swastik' device that forms an integral part of Rajani Products' labels, the Court held that the company was clearly aggrieved..
After comparing the rival artistic work with Rajani Products' registered labels, the Court found substantial similarity in the background colour scheme, the depiction and placement of the 'Swastik' device, and the overall layout.
Citing Marico Ltd. v. Jagit Kaur, the Court reiterated that a broad evaluation of essential features is required and that the seller's label reproduced the core elements of Rajani Products' artwork.
“From the above comparison, it is clear that the Impugned Artistic Work is substantially similar to Petitioner's Artistic Works. The Impugned Artistic Work reproduces the SWASTIK device, which forms an essential part of the Petitioner's Artistic Works. Further, the similar background colour scheme of the competing artistic works of the Petitioner and Respondent No.1 as is evident from the table above, in addition to the placement of the objects such as the SWASTIK device which is contained in a circle in the Petitioner's Artistic Work, suggest that the Impugned Artistic Work is a substantial imitation / reproduction of the Petitioner's Artistic Works.”, the Court said.
Holding that the rival label lacked the originality required for copyright protection, the Court allowed the petition and ordered that the seller's copyright registration be removed from the register.
Case Title: Rajani Products v. Madhukar Varandani, Proprietor Of M/S NaturalIndia Oils And Proteins & Anr.
Citation: 2025 LiveLaw (Del) 1591
Case Number: C.O. (COMM.IPD-CR) 16/2024
For Petitioner: Advocate Ajay Amitabh Suman, Shravan Kumar Bansal, Rishi Bansal, Pankaj Kumar, Deepak Srivastava, Risabh Gupta, Shruti Manchanda and Deasha Mehta
For Respondents: Advocate Nidhi Raman, CGSC along with Advocates Om Ram and Mayank Sansanwal