Bombay High Court Quashes Copyright FIR – Mere Use of Company’s Name on Products Does Not Constitute Copyright Infringement

Case Title: Shadab Sheikh Qayyum Sheikh v. State of Maharashtra & Anr.

Case Number: Criminal Application (APL) No. 918 of 2026

Neutral Citation: 2026:BHC-NAG:15223

Date of Judgment: 06 November 2026

Court: High Court of Judicature at Bombay, Nagpur Bench

Coram: Hon’ble Mr. Justice M. W. Chandwani

Brief Summary:

The Bombay High Court quashed FIR No. 62/2026 registered at Saoner Police Station, Nagpur, under Sections 51 and 63 of the Copyright Act, 1957.

The Court held that merely using the name of a company on products does not, by itself, constitute copyright infringement. It distinguished between the use of a company’s name and its artistic logo, observing that the FIR contained no allegation establishing copyright in the company’s name or its infringement.

The Court further observed that the allegations, at best, could attract Section 104 of the Trade Marks Act, 1999. It also held that the search and seizure conducted by a Police Sub-Inspector, contrary to the statutory requirement under Section 115(4) of the Trade Marks Act, vitiated the proceedings.

Consequently, exercising its inherent jurisdiction under Section 528 of the BNSS, the High Court quashed and set aside the FIR.

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