Design Cases

160 decisions across India

India 160

Page 4 of 6

design interim order · Jan 6, 2011

M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents And Designs & Anr.

Calcutta High Court · AID No. 12 of 2010

M/S. Nikhil Adhesives Ltd. challenged the order dated 30th June, 2010, which cancelled their registered design citing prior publication. The court found prima facie grounds to warrant a stay of this cancellation order.
design interim order · Jan 6, 2011

M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents And Designs & Anr.

Calcutta High Court · AID No. 11 of 2010

M/S. Nikhil Adhesives Ltd. challenged the cancellation of its registered design by The Assistant Controller Of Patents And Designs & Anr., which was based on alleged prior publication. The High Court found the basis for this finding questionable and granted a stay on the impugned order.
design plaintiff favorable · Dec 20, 2010

Jyoti Jiten Bhatt Trading as Personal Care Systems v.Controller Of Patents And Design & Ors.

Calcutta High Court · AID No. 9 of 2010

The appellant challenged the cancellation of their registered design, which had been cancelled based on a finding of prior publication. The respondents argued that the design was not new or original as it existed in the public domain since 1990. The High Court allowed the appeal, holding that no evidence of prior publication regarding the pattern on the underside of the product was produced before the adjudicating Authority.
design plaintiff favorable · Dec 20, 2010

Jyoti Jiten Bhatt Trading As Personal Care Systems v.Controller Of Patents And Design & Ors.

Calcutta High Court · AID No. 8 of 2010

The appellant challenged the cancellation order of their registered design (No. 191896) passed by the Assistant Controller. The core dispute revolved around whether prior publications invalidated the design's originality. The court found that the registered design was at variance with the evidence produced regarding prior publication, thus upholding its validity.
design remanded · Oct 8, 2010

Reckitt Benckiser (India) Ltd. v.Wyeth Limited

Delhi High Court · FAO(OS) No. 458/2009

The appeal challenged the Single Judge's order which vacated the interim injunction granted to Reckitt Benckiser, allowing Wyeth Limited to proceed despite allegations of infringement of a registered S-shaped spatula design. The core dispute revolved around whether prior registration and publication of the design in foreign countries (UK, USA, Australia) could serve as a valid defense against the infringement claim under Indian law.
design interim order · Sep 16, 2010

Lucky Exports v.The Controller Of Patents And Designs and Ors.

Calcutta High Court · AID No. 7 of 2010

Lucky Exports appealed against the rejection of its application for cancellation of a design registration (Coaster Brake Hub). The appellant argued that the respondent's design was not novel because advertisements were published publicly before the registration date. The court found merit in this argument, noting the prior public disclosures.
design interim order · Sep 16, 2010

Lucky Exports v.The Controller Of Patents And Designs and Ors.

Calcutta High Court · AID No. 6 of 2010

Lucky Exports appealed against the rejection of its application for cancelling a design registration held by respondents. The core issue was whether the registered design, Coaster Brake Hub, was novel, considering advertisements published prior to the registration date. The court found that the prior advertisements proved disclosure before the application date.
design remanded · Jun 29, 2010

Britannia Industries Ltd v.The Deputy Controller Of Patents & Designs & Anr.

Calcutta High Court · AID No. 4 of 2009

Britannia Industries Ltd appealed an order from the Deputy Controller of Patents and Designs regarding the cancellation of a registered biscuit packet design. The appellant argued that the design lacked novelty due to prior publication in magazines and a textbook, which the Deputy Controller failed to consider during the initial proceedings.
design remanded · Jun 29, 2010

Britannia Industries Ltd v.The Deputy Controller Of Patents & Designs & Anr.

Calcutta High Court · AID No. 3 of 2009

Britannia Industries Ltd appealed an order from the Deputy Controller of Patents and Designs regarding the cancellation of a registered biscuit packet design. The appellant argued that the design lacked novelty due to prior publication in magazines and a textbook, which the Deputy Controller failed to consider.
design plaintiff favorable · Jan 29, 2010

M/S Godrej Sara Lee Limited v.Reckitt Benckiser Australia Pty.Ld.

Supreme Court of India · CIVIL APPEAL NOS. 996-997/2010

The appeal challenged the Delhi High Court's decision regarding its jurisdiction to entertain appeals against orders passed by the Controller of Patents and Designs, Kolkata, which cancelled several registered designs for 'Insecticide Coil'. The Supreme Court held that since the cause of action arose in Kolkata (where the cancellation occurred), the Calcutta High Court, not the Delhi High Court, had the proper jurisdiction.
design defendant favorable · Aug 7, 2009

Reckitt Benckiser (India) Ltd v.Wyeth Limited

Delhi High Court · CS(OS) 30/07 (IA 189/07 & IA 2819/07)

The suit concerned the infringement of Reckitt Benckiser's registered design for an S-shaped spatula used with its Veet hair removal cream. The defendant challenged the validity of this registration, arguing that the design was published abroad prior to the Indian filing date. The court found prima facie evidence that the design had been publicly available before 05.12.2003.
design defendant favorable · Aug 7, 2009

Reckitt Benckiser (India) Ltd v.Wyeth Limited

Delhi High Court · CS(OS) 30/07 (IA 189/07 & IA 2819/07)

The dispute concerned an interim injunction sought by Reckitt Benckiser against Wyeth Limited for alleged infringement of their registered design for a 'perfect touch' spatula used with Veet hair removal cream. The court examined whether the design was novel, finding prima facie evidence that the design had been published abroad prior to its Indian registration date.
design plaintiff favorable · Dec 3, 2008

Dabur India Ltd. v.Amit Jain & Anr.

Delhi High Court · FAO (OS) No. 293 of 2007

Dabur India Ltd. appealed the dismissal of its application seeking interim injunction against Amit Jain and others who were manufacturing and selling hair oil products in bottles and caps deceptively similar to Dabur's registered designs. The core dispute revolved around infringement of registered industrial designs for packaging, specifically concerning whether foreign registrations could be used to challenge the novelty of the Indian design.
design interim order · Jun 12, 2008

C. A. Polytech Pvt. Ltd. v.Controller Of Patents And Designs & Ors.

Calcutta High Court · A. I. D. No. 3 of 2008

The petitioner challenged an order passed by the Assistant Controller of Patents and Designs. The court found that there was no delay in filing the appeal, making it admissible under the Designs Act, 2000. Consequently, the court admitted the appeal and stayed certain conflicting observations made previously.
design defendant favorable · May 1, 2008

Bharat Glass Tube Limited v.Gopal Glass Works Limited

Supreme Court of India · Appeal (civil) 3185 of 2008

The appeal challenged the Calcutta High Court's order which had set aside the Assistant Controller's cancellation of Design No.190336 registration. The respondent (Gopal Glass Works Limited) claimed exclusive rights over its industrial design applied to glass sheets, marketed as Diamond Square. The appellant argued that the design was not new or original due to prior publication abroad.
design plaintiff favorable · Apr 29, 2008

Falcon Tyres Limited v.TVS Srichakara Tyres Limited

Madras High Court · O.S.A.NO.287 OF 2006

Falcon Tyres Limited appealed against an absolute ad-interim injunction granted by the single judge, which restrained them from selling tyres with tread patterns similar to Falcon's Dragon tyre. The High Court allowed the appeal, finding that the designs of the two tyres were conspicuously different and that the single judge had improperly considered passing off instead of design infringement.
design defendant favorable · Sep 5, 2007

Parle Products Private Limited v.Surya Food And Agro Limited

Madras High Court · A.No. 4056 of 2006 / A. No. 6025 of 2007

Parle Products (plaintiff) claimed that Surya Food And Agro Limited (respondent) infringed its registered biscuit packet designs by marketing biscuits under the name PRIYA GOLD. The dispute centered on whether the plaintiff could establish a cause of action for infringement within the Madras High Court's jurisdiction, particularly regarding commercial sales in Chennai.
design plaintiff favorable · Oct 4, 2006

Gopal Glass Works Ltd. v.Iag Company Ltd. And Ors.

Gujarat High Court · null

The petitioner sought an interim injunction against the respondents for infringing its registered design 'DIAMOND SQUARE' (No. 190336) and passing off its goods. After a complex legal history involving cancellation and restoration of the plaintiff's design, the court allowed the application partly against Defendant No. 2, restraining them from using the petitioner's design or imitation thereof.
design plaintiff favorable · Feb 13, 2006

Mr. Ravi Raj Khanna And Anr. v.Mr. Lalit Gupta And Anr.

Delhi High Court · null

The plaintiffs filed a suit seeking permanent and mandatory injunction for passing off and infringement of their designer furniture. The defendants challenged the interim orders by arguing that the plaintiff's designs were already in public domain prior to registration, thus defeating protection under the Designs Act, 2000.
design defendant favorable · Nov 24, 2005

International Tractors Ltd. v.Punjab Tractors Ltd.

Delhi High Court · CS(OS) No. 858/1999 (referenced)

International Tractors Ltd. filed a suit seeking permanent injunction against Punjab Tractors Ltd. for infringing copyright and breaching exclusive license rights regarding tractor designs and know-how. The plaintiff subsequently sought to amend the plaint to include claims related to confidential information/trade secrets, expanding the scope of protection to 20 HP tractors based on subsequent assignment deeds.
design plaintiff favorable · Sep 27, 2005

A.C. Footwear Co. v.Deiem (India) Pvt. Ltd.

Delhi High Court · null

A.C. Footwear Co. filed a petition seeking cancellation of Design No. 166627, arguing that it was not new or original and had been previously registered. The petitioner alleged that an identical design belonging to M/s Phoenix Overseas Limited (Registration No. 164739) existed prior to the registration in question.
design plaintiff favorable · Aug 17, 2005

Gopal Glass Works Ltd. v.Assistant Controller Of Patents And ...

Calcutta High Court · null

Gopal Glass Works Ltd. appealed an order by the Assistant Controller directing the cancellation of Design No. 190336, which protected their industrial design for figured glass sheets. The respondent argued that the design was not new or original due to prior publication and ownership issues. The High Court allowed the appeal, setting aside the cancellation order.
design defendant favorable · Jul 29, 2005

Hawkins Cookers Ltd. v.Zaverchand Liladhar Shah And Ors.

Bombay High Court · 2005(31)PTC129(BOM)

Hawkins Cookers Ltd. filed a petition seeking cancellation of a registered design (No. 164949) held by Respondent No. 1, claiming that their own prior innovation was copied. The court examined the registration certificate and found that it covered the entire Tava along with its handle, not just the innovative part. Ultimately, the court dismissed the petition, finding no case for infringement.
design plaintiff favorable · Oct 6, 2004

Khadim Shoe Pvt. Ltd. v.Bata India Ltd.

Calcutta High Court · AID No. 5 of 1999

Khadim Shoe Pvt. Ltd. filed an application seeking cancellation of Bata India Ltd.'s registered design (No. 177386) on the ground that it was published prior to registration. Khadim presented evidence, including print advertisements and television footage shown in slow motion, arguing that the public had been made aware of the design before its official registration.
design defendant favorable · May 18, 2004

Iag Company Ltd. v.Triveni Glass Ltd.

Calcutta High Court · G. A. No. 2709 in C. S. No. 213 of 2003

Iag Company Ltd. appealed the refusal of an interim injunction application alleging infringement of its registered figured glass design 'Karatchi' (No. 183322). The respondent argued that the design was neither new nor original and was in public knowledge, being manufactured using widely available embossing rollers internationally. The Court dismissed the appeal, affirming the lower court's finding against granting the injunction.
design defendant favorable · Apr 15, 2004

Glaxo Smithkline Consumer Healthcare v.Anchor Health And Beautycare Private

Delhi High Court · CS(OS) No. 1908/2002

The plaintiffs sought an ad-interim injunction against the defendant for infringing their registered toothbrush design (No. 170554). The defendant argued that the design was not novel, was obvious imitation of existing designs, and that the plaintiffs had concealed material facts regarding prior litigation and earlier public domain designs to obtain the injunction.
design plaintiff favorable · Apr 7, 2004

Tapria Tools Limited v.Eastman Cast And Forge Limited

Bombay High Court

Tapria Tools Limited filed a notice of motion seeking an injunction against Eastman Cast And Forge Limited for pirating and infringing its registered designs (Nos. 167097 and 178415) related to adjustable wrenches and plier sleeves. The plaintiffs argued that the defendant's products were fraudulent imitations, while the defendants claimed lack of novelty and common usage. The court found a strong prima facie case in favor of the plaintiffs.
design interim order · Feb 13, 2004

Faber-Castell Aktiengesellschaft v.Pikpen (P.) Ltd.

Bombay High Court · 285/03

The plaintiffs, who manufacture and market textmarkers under the 'Faber-Castell' brand with a registered distinctive design, filed a motion alleging that the defendant was breaching an existing injunction by continuing to sell deceptively similar products despite cosmetic alterations. The court examined the changes made by the defendant and accepted their undertaking to make further distinguishable changes.
design defendant favorable · Feb 11, 2004

Iag Co. Ltd. v.Triveni Glass Ltd.

Calcutta High Court · C.S. No. 213 of 2003 / G.A. No. 2709 of 2003

Iag Co. Ltd. filed a suit seeking permanent injunctions against Triveni Glass Ltd. for infringing its registered glass design 'KARATACHI' (No. 183322), and subsequently filed an interlocutory application for interim relief. The plaintiff claimed exclusive rights over the design, but the court found that the plaintiff failed to prove they were the original proprietor of a new design, suggesting it was sourced from the international market.
design defendant favorable · Jan 28, 2004

Daniel v.A.R. Safiullah

Madras High Court · C.R.P. (PD) No. 2148 of 2002

The applicant (defendant) filed applications seeking to transfer an original suit concerning design infringement and passing off from the Principal District Judge, Pudukottai, to the Madras High Court. The core argument was that certain defenses under the Designs Act required exclusive jurisdiction of the High Court. However, the court dismissed the transfer application, noting that a related revision petition had already been pending before it.
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