R.G Anand vs M/S. Delux Films & Ors on 18 August, 1978
Following the principles laid down by the Supreme Court in R.G. Anand v. Delux Films, AIR 1978 SC 1613 : PTC (Suppl)(1) 802(SC) and by the Delhi High Court in Prem Singh's case, AIR 1990 Delhi 223 : 1990 PTC 149 (Del), and applying them to the present case we hold that the work which has been registered in the name of the respondent is subsequent in point of time and that of the petitioner is anterior. The time span between them is very long-covering more than 50 years. The petitioner's work was widely advertised and used and was
visible even to the common man much before 1972 when the respondent obtained registration. The Respondent had plenty of opportunity to copy the work. Looking and comparing the two works and applying the test of the average man we conclude that the basis, material and substantial features are the same in both the works. Hence the work of the respondent is but a copy. It is not an original work and has no claim to be retained in the Register.