Design Cases

274 decisions across India

India 274

Page 2 of 10

design plaintiff favorable · Jul 10, 2024

Pramit Sanghavi v.Energy Beverages Private Limited

Delhi High Court - Orders · 99376046

The Delhi High Court addressed an application seeking an ad-interim ex-parte injunction in a suit concerning design infringement. The plaintiff, Pramit Sanghavi (representing market leaders in packaged natural mineral water), alleged that the defendant was imitating their registered bottle designs (Nos. 281573 and 311139) for their product "NU". After considering the prima facie case, irreparable harm, and balance of convenience, the Court granted an interim injunction to protect the plaintiffs' intellectual property rights.
design In favor of Plaintiff · Jul 8, 2024

Ttk Prestige Limited v.Butterfly Gandhimathi Appliances

Madras High Court · 131946657

The plaintiff filed a suit against the defendant for infringing on its design registration for the Svachh Deluxe Alpha pressure cooker. The defendant was set ex-parte after failing to respond adequately to the claims.
design interim order · Jun 13, 2024

Pidilite Industries Limited v.Astral Limited (Formerly known as Resinova Chemie Limited)

Bombay High Court · 63420132

Pidilite Industries Limited filed an interim application alleging that Astral Limited was infringing its registered design for the M-SEAL PV SEAL container. The plaintiff claimed originality in the shape and configuration of the container, which is used for solvent cement products. The court found a prima facie case for infringement and granted an ad interim injunction against the defendant's use of similar containers.
design plaintiff favorable · May 24, 2024

Paresh Ajitkumar Kapoor v.Controller Of Patents And Designs And Ors.

Calcutta High Court · 76632714

The appellant, Paresh Ajitkumar Kapoor, appealed against an order by the Deputy Controller cancelling his registered design for an Air Cooler (No. 233559) based on alleged prior publication in China. The appeal contended that the cancellation relied only on insufficient evidence from the CNIPA website and ignored previous rejections of similar claims. The High Court set aside the impugned order and remanded the matter for fresh adjudication.
design mixed · May 6, 2024

M/S Shree Hari Industries (Hari Oil Mill) v.Registrar of Copyrights and Anr

Delhi High Court - Orders · 13490637

M/S Shree Hari Industries filed a suit against the Registrar of Copyrights alleging that respondents were selling mustard oil using an almost identical trade dress and packaging to the petitioner's product. The Delhi High Court addressed procedural matters, noting the emergence of evidence showing blatant copying by the respondents. While granting some time for the respondent to file necessary documentation, the court emphasized the seriousness of the infringement claim and fixed a firm date for the next hearing.
design mixed · Apr 26, 2024

Dharmaj Technologies v.Mac Swin Technologies

Gujarat High Court · 102181805

Dharmaj Technologies filed a suit against Mac Swin Technologies alleging infringement and passing off related to its Registered Design No. 253469, which pertains to a diamond processing machine. The dispute centered on the defendant's manufacturing and sale of machines bearing identical or obvious imitations of the plaintiff's design. Following an undertaking by the defendant discontinuing the use of the impugned design, the court allowed the suit to the extent of granting permanent injunctions against future infringement.
design interim order · Apr 23, 2024

Britannia Industries Ltd v.ITC Ltd

Delhi High Court - Orders · 126265625

This case involves a dispute over the validity of a registered design used on 'Good Day' Biscuits labels. The defendant, ITC Ltd, sought summary judgment arguing that the design was not registrable under Section 19(1)(d) and Section 4(b) of the Designs Act, citing prior public disclosure. Britannia Industries Ltd countered this by seeking to place additional documents on record, which they claimed would correct an error in their user claim date. The court adjourned the matter to determine the admissibility of these crucial documents.
design defendant favorable · Apr 22, 2024

Baskar v.G. Raghu Babu

Madras High Court · 105469614

The plaintiff, who holds a registered industrial design for a 'Forklift Vehicle,' sought an injunction against the respondent, alleging imitation and infringement. The respondents contended that the design was not unique, as it involved attaching a forklift to a conventional tractor already used in agriculture, and their activities were merely assisting farmers. The High Court set aside the ad-interim injunction.
design plaintiff favorable · Feb 22, 2024

Pushpendra Yadav v.Kent Ro Systems Ltd

Delhi High Court - Orders · 113215046

Pushpendra Yadav challenged an interim court order that restrained him from selling water purifiers or using specific marks, citing alleged infringement of Kent Ro Systems' registered design and trademarks. The Delhi High Court allowed the appeal, setting aside the injunction primarily because the relevant Design No.219309 had expired. However, the court clarified that it did not rule on the merits of the passing off claim, which remains under consideration.
design plaintiff favorable · Dec 14, 2023

V Guard Industries Ltd v.Ms Mahavir Home Appliances And Anr. & Anr.

Delhi High Court · 57985629

The dispute concerning the registered design for ceiling fans was amicably resolved by both parties. The Defendants recognized the Plaintiff's exclusive rights and agreed to cease production/distribution of similar designs, while also undertaking to withdraw pending cancellation petitions against the design. However, the court noted a separate legal issue regarding the refund of court fees in private settlements.
design mixed · Dec 6, 2023

Havells India Limited v.Polycab India Limited

Delhi High Court · 5922291

Havells India Limited filed a suit alleging design piracy against Polycab India Limited concerning three registered designs for ceiling fans. The core dispute revolved around whether the defendant's ELANZA and ELEGANZ PLUS ranges infringed the plaintiff's 2016, 2021, and 2022 designs. The court examined the specific features of each design, particularly focusing on surface patterns and overall configuration. The judgment found that while the injunction against Polycab's ELANZA range regarding the 2016 design was maintained, the claims concerning the 2021 and 2022 designs were dismissed. The court concluded that the defendant failed to establish a prima facie case of piracy for these latter two designs due to marked differences in their surface patterns.
design plaintiff favorable · Nov 6, 2023

Ttk Prestige Ltd. v.Nirlon Kitchenware Private Ltd.

Madras High Court · 72264140

Ttk Prestige Ltd. filed a suit against Nirlon Kitchenware Private Ltd. alleging infringement of its registered designs for pressure cookers and passing off due to the defendant's use of identical shapes, configurations, and phonetically similar marks like 'Svachh'. The court found in favor of the plaintiff.
design plaintiff favorable · Nov 6, 2023

Mitsu Chem Plast Limited v.Abs Mediequip And Anr.

Bombay High Court · 190117906

The Bombay High Court granted ad-interim relief in a suit concerning the infringement of design rights and passing off related to hospital beds. Despite previous undertakings by the defendant acknowledging Mitsu Chem Plast Limited's rights and promising cessation of use, the plaintiff alleged continued infringement. The court found sufficient grounds to issue an injunction restraining the defendants from adopting or using designs identical or deceptively similar to the registered design and trade dress pending the final disposal of the suit.
design In favor of Defendant · Oct 9, 2023

Crocs Inc.Usa v.Aquallite India Limited And Anr.

Delhi High Court · 174384642

The plaintiff alleged infringement of the design of its footwear, known as the 'CROCS DESIGN'. The design registration was cancelled due to lack of novelty and prior publication.
design plaintiff favorable · Sep 21, 2023

Shah Mayankkumar Bharatkumar v.Controller Of Patents And Designs & Anr.

Calcutta High Court (Appellete Side) · 91965272

The petitioner filed a revisional application before the Calcutta High Court, aggrieved by the excessive delay in disposing of an opposition filed by opposite party no. 2 against their Registered Design (No. 304927). The court disposed of the application by directing the Controller of Patents and Designs to conclude the pending opposition proceedings within two months.
design defendant favorable · Aug 16, 2023

Hero Motocorp Limited v.Shree Amba Industries

Delhi High Court · 160670035

Hero Motocorp Limited filed a suit seeking permanent injunction against Shree Amba Industries, alleging that the latter was infringing Hero's registered design (No. 271199) of a motorcycle front fender used on the HERO HF DELUXE model. The plaintiff claimed the defendant's product was a copy and constituted piracy. However, while examining the prima facie case for an interim injunction, the court found that the balance of convenience favored the defendant, noting that consumers could make informed choices between OEM and third-party parts. Consequently, the application for interim injunction was dismissed.
design mixed ★ Landmark · Jul 24, 2023

Ttk Prestige Ltd. v.Gupta Light House

Delhi High Court · 11673401

Ttk Prestige Ltd. filed a suit alleging that Gupta Light House infringed its registered cooker design (Registration No. 197906). The court found the plaintiff's design valid and maintainable, rejecting the defendant's claims regarding lack of novelty or prior publication. However, the court ruled against granting permanent injunction or delivery up of goods because the design had expired on September 13, 2019. Ultimately, the suit was decreed in favor of Ttk Prestige Ltd., directing the defendant to render accounts of earnings and awarding costs.
design defendant favorable · Jul 3, 2023

Jayson Industries And Anr. v.Crown Craft (India) Pvt. Ltd.

Delhi High Court · 155873398

Jayson Industries filed a suit alleging that Crown Craft was pirating their registered designs for household items like buckets, mugs, and tubs. The core dispute revolved around whether the defendant's products were fraudulent imitations of the plaintiffs' unique shapes and surface patterns. However, the court found credible prior art, including various published designs from 2019, which challenged the novelty and originality of the suit designs. Consequently, the court dismissed the plaintiffs' application for an interlocutory injunction, vacating the earlier restraining order.
design defendant favorable · Jun 26, 2023

Baskar v.CPIO, Ministry of Commerce & Industry, DPIIT, RTI Cell

Central Information Commission · 131036413

The appellant filed an appeal seeking detailed information about objections and classification of their design patent application (367649-001) under the Designs Act, 2000. The CPIO denied the request, arguing that the procedural aspects of design examination are governed by the Designs Act and Rules, not the RTI Act. The Commission upheld this stance, citing precedents on the limited scope of public information.
design plaintiff favorable · Jun 20, 2023

The Raring Corporation And Anr v.Neogie Engineering Works Pvt Ltd

Calcutta High Court · 39358231

The petitioners sought interim protection against the respondent for copying their registered design, 'Sonic Nozzle', which is an essential component of their dust suppression system. The dispute centered on whether the respondent's product infringed the petitioner's protected shape and configuration, or if the design was purely functional and therefore unprotectable.
design plaintiff favorable · May 26, 2023

Relaxo Footwears Limited v.Om Shiv Footwear Through Its Owner Partner Proprietor Mr. Sushil Bansal

Delhi High Court - Orders · 110461197

The Delhi High Court granted an ex parte ad interim injunction in favor of Relaxo Footwears Limited against Om Shiv Footwear. The suit alleged infringement of a registered design (Design No. 365606-001) for its 'BAHAMAS' footwear, along with passing off and imitation of the unique trade dress and packaging. The court found that a prima facie case was made out, noting striking similarities in both the product design and the distinctive packaging between the parties. This interim order immediately restrained the defendant from further dealing in the infringing products.
design plaintiff favorable · Apr 13, 2023

Ttk Prestige Ltd v.Kcm Appliances Private Limited

Delhi High Court · 2773745

Ttk Prestige Ltd filed a suit alleging piracy of its registered design for a pressure cooker. The core dispute centered on whether the unique, anti-spillage lid design was protectable and if Kcm Appliances Private Limited had copied this feature. The court found that the challenge to the registration's validity lacked substance and concluded that the defendant's product prima facie infringed the plaintiff's registered design.
design plaintiff favorable · Mar 20, 2023

Ust Global (Singapore) Pte Ltd v.The Controller Of Patents And Designs and Anr.

Calcutta High Court · 44587046

Ust Global appealed the rejection of its application for registering a design titled "Touch Screen," which was a Graphical User Interface (GUI). The Controller rejected it, arguing that GUI is incapable of design registration because it is software-based and only visible when the product is operating. The High Court set aside this order, finding that GUI qualifies as an industrial process applied to an article and is registrable.
design mixed · Mar 14, 2023

Sirona Hygiene Private Limited v.Amazon Seller Services Private Limited

Delhi High Court · 158081980

Sirona Hygiene Private Limited filed a suit alleging infringement of its registered design, 'PEE BUDDY', by Defendant 7, which was manufacturing an identical device under the name 'NAMYAA'. The core dispute centered on whether the defendant's product constituted piracy of the plaintiff's certified design. While the court found the designs to be identical, subsequent proceedings led to a settlement with one key defendant (Defendant 2), resulting in a decree sheet being drawn up for that party.
design dismissed · Mar 13, 2023

Aqualite Industries Pvt. Ltd v.Relaxo Footwears Limited

Supreme Court - Daily Orders · 101232871

Aqualite Industries Pvt. Ltd appealed against the registration granted to Relaxo Footwears Limited for a slipper design. The Supreme Court accepted a new design from Aqualite and ordered that the pending appeals and related applications be disposed of, subject to the parties being bound by their statements.
design defendant favorable · Feb 8, 2023

Novateur Electrical & Digital Systems Pvt Ltd v.V-Guard Industries Ltd

Delhi High Court · 30210674

The plaintiff filed a suit alleging piracy of registered designs (switch plates). The defendant filed a counterclaim seeking cancellation and expunction of these same designs. The plaintiff objected to the maintainability of this counterclaim, arguing that only the Controller of Designs could handle such petitions under the 2000 Designs Act. The court rejected the objection, citing a Supreme Court judgment which reversed the view that cancellation pleas must be filed solely before the Controller.
design plaintiff favorable · Jan 25, 2023

Kalpesh Manubhai Ramoliya v.Controller Of Patents And Designs & Anr.

Calcutta High Court (Appellete Side) · 158268477

The petitioner filed an application seeking a direction from the Calcutta High Court for the expeditious disposal of proceedings related to the cancellation of registered design no. 324986-016. The petitioner contended that despite filing the cancellation request in November 2021, the Controller had failed to proceed with the hearing, causing undue prejudice and loss.
design plaintiff favorable · Jan 25, 2023

Kalpesh Manubhai Ramoliya v.Controller Of Patents And Designs & Anr.

Calcutta High Court (Appellete Side) · 154125639

The petitioner filed an application seeking direction for the expeditious disposal of proceedings for cancellation of a registered design (No. 324986-017). The petitioner contended that despite filing the cancellation application in November 2021, the Controller had failed to proceed with the hearing, causing undue prejudice and loss.
design plaintiff favorable · Jan 4, 2023

Novateur Electrical & Digital Systems Pvt Ltd v.V-Guard Industries Ltd

Delhi High Court · 170502359

The plaintiff alleged that the defendant's MATTEO range of switch plates infringed upon three registered designs (296178, 296179, and 296180) held by the plaintiff for its LYNCUS switch plates. The court examined physical samples and photographs to determine infringement.
design defendant favorable · Dec 19, 2022

Diageo Brands B.V. v.Alcobrew Distilleries India Pvt Ltd

Delhi High Court · 155053317

Diageo Brands B.V. filed an application seeking injunction against Alcobrew Distilleries India Pvt Ltd, alleging piracy of their registered Design No. 306577. The core dispute revolved around whether the defendant's product design was a fraudulent imitation of Diageo's protected design. The court examined complex issues regarding the scope of novelty analysis versus infringement analysis and the appropriate 'eye' (instructed vs. ordinary purchaser) for comparison. Ultimately, the court found that the distinguishing features used to establish the suit design's originality also differentiated it from the defendant's impugned design, leading to the dismissal of the injunction application.
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