Court holds mere use of company name without artistic logo does not amount to copyright violation; procedural lapses in police investigation also noted
In a significant judgment delivered on November 6, 2026, the Bombay High Court (Nagpur Bench) quashed the First Information Report (FIR) registered against Shadab Sheikh Qayyum Sheikh, accused of selling counterfeit tin sheets bearing the name of JSW Steel Ltd. The case centered around allegations of copyright infringement under Sections 51 and 63 of the Copyright Act, 1957.
The complainant, an investigator authorized by JSW Steel Ltd. through EIPR (India) Pvt. Ltd., filed the FIR alleging that counterfeit tin sheets labeled "JSW Steel Ltd 0.50 mm" were being sold by the applicant. The raid and seizure were conducted on January 28, 2026, at the applicant's business premises, M/s New Kausal Traders, located on Saoner-Chhindwada road in Nagpur district.
However, upon hearing the submissions, the Court found that the FIR did not allege the use of the company's logo, which could be classified as an artistic work protected under copyright law. Instead, the FIR only mentioned the use of the company's name. The Court emphasized that mere use of a company's name, without the allegation that the name or logo constitutes an artistic work with copyright subsisting therein, does not amount to an offence under the Copyright Act. The Court distinguished between the use of a logo (which may enjoy copyright protection as an artistic work) and the use of a company name, which does not.
Further, the Court noted that the act of selling goods bearing the company's name without authorization falls under the ambit of the Trade Marks Act, 1999, particularly Section 104 relating to selling goods with a false trademark or false trade description, rather than copyright infringement.
Another crucial aspect that led to quashing the FIR was the procedural irregularity in the investigation. The raid and seizure were carried out by a Police Sub-Inspector, whereas Section 115(4) of the Trade Marks Act mandates that such search and seizure operations must be conducted by a police officer not below the rank of Deputy Superintendent of Police. This non-compliance rendered the search and seizure illegal, vitiating the FIR and subsequent investigation.
The Court also reiterated the settled legal principle that an FIR must disclose a cognizable offence to justify registration and investigation. Since the allegations, even if taken at face value, did not disclose a cognizable offence under the Copyright Act, and procedural lapses were evident, the FIR was quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The Court relied on precedents including the Supreme Court's ruling in State of Haryana v. Bhajan Lal, which outlines categories for quashing FIRs where no prima facie offence is made out, and various decisions emphasizing that an FIR is not an encyclopedia but must show a prima facie cognizable offence.
In conclusion, the Bombay High Court held that the case filed against the applicant was an abuse of the court's process and did not meet the threshold for a criminal offence of copyright infringement. The Court allowed the criminal application, quashing FIR No. 62/2026 dated 28.01.2026 registered at Saoner Police Station, Nagpur, thus providing relief to the applicant.
Bottom Line:
Copyright Act, 1957 - Mere use of company name on alleged counterfeit tin sheets, without allegation that the logo/name is an artistic work in which copyright subsists, does not disclose offence under Sections 51 and 63 of the Copyright Act - Such act may at the most attract Section 104 of the Trade Marks Act, 1999 - Search and seizure for offences under Sections 103 to 105 of Trade Marks Act must be by police officer not below rank of Deputy Superintendent of Police as required by Section 115(4); search by Police Sub-Inspector vitiates proceedings - FIR quashed under Section 528 BNSS.
Statutory provision(s):
Sections 13, 51, 63 of the Copyright Act, 1957; Sections 104, 115(4) of the Trade Marks Act, 1999; Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
