Design Cases

274 decisions across India

India 274

Page 4 of 10

design settled · Aug 30, 2019

Kent Ro Systems Ltd. v.Varun Sood

Madras High Court · 142999073

Kent Ro Systems Ltd. filed a suit against Varun Sood and others alleging infringement of their design rights and passing off related to water purifier products. The plaintiffs sought permanent injunctions and damages concerning the use of deceptively similar designs (ESSENCIA/SPARKLE) compared to their registered designs (KENT WONDER/EKNT SUPREME). Ultimately, both parties reached a mutual settlement, leading the Madras High Court to decree the suit in terms of the Joint Memo of Compromise.
design settled · Aug 1, 2019

Symphony Ltd. v.Wim Plast Ltd

Gujarat High Court · 195260260

Symphony Ltd. filed a suit seeking permanent injunction and damages against Wim Plast Ltd for allegedly infringing its registered designs related to air coolers. The dispute centered on the similarity between the plaintiff's protected designs and the defendants' products. Ultimately, both parties reached an amicable settlement, leading to the disposal of the suit.
design plaintiff favorable · Jul 17, 2019

M/s.Vaibhav Foods v.Narendra Kumar Mali / M/s.FOOD INDIA

Madras High Court · 74213790

M/s. Vaibhav Foods filed a suit against Narendra Kumar Mali and M/s. FOOD INDIA alleging infringement and passing off related to their unique chocolate packaging design. The Plaintiff demonstrated that they had successfully registered two designs (Nos. 274667 and 274668) for the specific arrangement and color combination of chocolates. The court found that the defendants were manufacturing and selling chocolates using a similar and identical design, leading to confusion in the market.
design interim order · Jul 17, 2019

Dart Industries Inc v.Vijay Kumar Bansal

Delhi High Court · 50037859

Dart Industries Inc. filed a suit against several defendants alleging infringement of their registered design (casserole lid) and passing off related to their Tupperware products. The court examined the scope of protection, noting that while the lid is independently registered, the plaintiffs claimed passing off for the entire casserole set. The court ultimately issued an interim order directing the defendants to furnish detailed sales particulars.
design plaintiff favorable · May 28, 2019

Pentel Kabushiki Kaisha v.M/s Arora Stationers

Delhi High Court · 88670142

Pentel Kabushiki Kaisha filed suit against M/s Arora Stationers alleging fraudulent imitation of its registered pen design (Design No. 263172). The respondents challenged the validity and novelty of Pentel's design, claiming it was a combination of known designs. However, the High Court ruled in favor of Pentel, emphasizing that since the respondents themselves had applied for registration of a similar design, they could not simultaneously argue against its originality. Consequently, the court found a prima facie case of piracy and granted an interim injunction restraining the respondents from marketing the infringing product.
design plaintiff favorable · May 10, 2019

M/S. Lucky Exports v.The Controller Of Patents And Designs & Ors.

Calcutta High Court · 7307276

M/S. Lucky Exports challenged an order rejecting its appeal against the cancellation of Design No. 202108, which covered a 'Coaster Brake Sub Assembly'. The core dispute revolved around whether this mechanical component was purely functional and therefore ineligible for design registration, or if it possessed sufficient aesthetic features to qualify. The court examined arguments regarding prior publication and novelty, ultimately allowing the appeal by setting aside the impugned order.
design defendant favorable · May 10, 2019

International Cycle Gears v.The Controller Of Patents And Designs & Ors.

Calcutta High Court · 189387766

The petitioner appealed against the Controller's order allowing the cancellation of Design No. 201728 for a 'Coaster Brake Hub'. The appeal argued that the design was significantly different from known models, particularly those published in February 2005. However, the High Court upheld the Controller's finding, concluding that the design lacked novelty and originality as it was substantially identical to prior publications.
design defendant favorable · May 6, 2019

Relaxo Footwears Limited v.Aqualite India Ltd.

Delhi High Court · 6280206

Relaxo Footwears Limited filed a suit seeking permanent injunction against Aqualite India Ltd. for allegedly infringing its registered footwear design No.294938. The core dispute revolved around whether the defendant's product was an obvious or fraudulent imitation of the plaintiff's protected design. During the interim application, the court directed a market survey which revealed numerous third-party products with near identical designs available in the market.
design dismissed · Apr 10, 2019

Flexituff International Ltd v.M/S Tirupati Sprinklers

Rajasthan High Court - Jaipur · 84872748

The plaintiff sued the defendant alleging infringement of its registered dripper design. The plaintiff claimed exclusive rights over the design developed since 2010. The defendant countered that the design was generic, not novel, and had been obtained from a third party (Mr. Uri Alkalay) prior to registration. The court dismissed both injunction applications.
design plaintiff favorable · Feb 28, 2019

Symphony Ltd. v.Thermo King India Pvt Ltd

Delhi High Court · 31084417

Symphony Ltd. filed a suit against Thermo King India Pvt Ltd alleging that its air cooler model, 'Thermoking Typhoon,' substantially imitated Symphony's registered design for the 'Symphony Storm 70i.' The court found that the Defendant's product was a substantial imitation of the protected design. Despite the Defendant initially raising defenses regarding prior publication and difference in designs, the court ruled in favor of the Plaintiff, granting permanent injunction and awarding damages.
design plaintiff favorable · Feb 28, 2019

Symphony Ltd. v.Life Plus Appliances

Delhi High Court · 63948356

Symphony Ltd. filed a suit against Life Plus Appliances alleging infringement of its registered designs for air coolers. The Plaintiff demonstrated that the Defendant's models, 'Tower' and 'Tycoon', were substantial imitations of Symphony's protected designs (Storm 70i, Sumo, and Winter). Despite the Defendant raising defenses regarding prior publication based on advertisements and trademark applications, the court found these claims unsubstantiated. Consequently, the court decreed the suit in favor of Symphony Ltd., granting a permanent injunction and awarding damages.
design interim order · Feb 26, 2019

Senthilkumar Ramamoorthy J v.Unknown

Madras High Court · 168577678

The Applicants sought an interim injunction restraining the Respondent from infringing their registered designs of operating tables and accessories, and from passing off the Respondent's products as theirs. The Respondent argued that the designs were not new and had been in use for decades. The Court ultimately disposed of the Original Applications on terms requiring the Respondent to maintain and submit quarterly accounts related to the sale of similar products.
design interim order · Feb 26, 2019

Senthilkumar Ramamoorthy J v.Unknown

Madras High Court · 164970779

The Applicants sought an interim injunction restraining the Respondent from infringing their registered designs of operating tables and accessories, and from passing off the Respondent's products as theirs. The Respondent argued that the designs were not novel and had been in public use for decades. The Court found that while the balance of convenience was not clearly in favor of granting injunctive relief immediately, it directed the Respondent to maintain detailed quarterly accounts regarding sales and profits of similar products.
design mixed · Feb 25, 2019

Jhs Svengard Laboratories Limited v.Ranir Llc & Anr.

Delhi High Court - Orders · 113432345

The Delhi High Court addressed a dispute concerning the unique ornamental design of toothbrushes, where JHS Svengard Laboratories claimed exclusive rights over its 'CURVY' design. The court noted that the Plaintiff sought an injunction against Defendants selling similar products and had previously initiated a trademark cancellation action against one of the defendants. Recognizing the interconnected nature of the claims, the Court ordered the transfer of the pending trademark cancellation petition to be heard alongside the current infringement suit.
design defendant favorable · Jan 24, 2019

M/S Crocs Inc Usa v.M/S Bata India Ltd & Ors

Delhi High Court · 38584045

Crocs Inc filed multiple suits alleging infringement of its registered designs (No.197685 and No.197686) by various defendants, including Bata India Ltd. Crocs claimed exclusive rights over the unique shape and pattern of its footwear designs, supported by extensive global trade and goodwill. The present appeal challenged the dismissal of Crocs' applications in these pending suits. However, the High Court dismissed the appeals, directing that all related suits be listed together for further proceedings.
design mixed · Jan 21, 2019

Mahesh Gupta v.Dheeraj Kumar

Delhi High Court - Orders · 189796159

This order in CS(COMM) 341/2017 addresses allegations of design infringement concerning the 'AQUA GRANDE' water purifier. Despite the defendants claiming they had stopped using the impugned trademark, the court noted evidence showing the sale of the infringing product through a third party, Mannat Electronics. Consequently, the court directed the defendants to file an affidavit clarifying their connection with this seller and detailing their sales turnover for the financial year 2018-19.
design mixed · Dec 3, 2018

M/S VAJRA PLASTICS INDUSTRY v.M/S VARSHA POLYMERS

Kerala High Court · 108277280

This appeal addressed allegations of design infringement concerning PVC rainwater gutters. The plaintiffs claimed their unique 'Euro Guard' gutter design was copied by the defendants' 'Varsha Square Gutter'. Although the plaintiffs held a valid design certificate, the High Court found it difficult to sustain the lower court's injunction order. The court ultimately set aside the temporary injunction while directing both parties toward expedited trial proceedings.
design defendant favorable · Nov 14, 2018

Skol Breweries Ltd. v.Som Distilleries And Breweries Ltd.

Madhya Pradesh High Court · 7191813

This appeal was filed by Skol Breweries Ltd. (now Sab Miller) seeking a temporary injunction against Som Distilleries And Breweries Ltd., alleging that the latter was using bottles bearing the appellant's registered design for their product, 'BLACK FORT.' The plaintiff claimed this constituted infringement and passing off of its beer, 'HAYWARDS 5000.' However, the High Court dismissed the appeal, finding no substance in the request for an injunction at that stage.
design defendant favorable · Oct 25, 2018

Pentel Kabushiki Kaisha v.M/S Arora Sationers

Delhi High Court · 40871547

This case involves a dispute over design rights concerning a pen. The defendants filed an application seeking to amend their written statement, claiming that they had subsequently received a Certificate of Registration for Design No. 282909 in Class 19-06. The plaintiffs opposed the amendment, arguing it was mutually destructive and that the trial had already commenced. However, the court allowed the amendment, finding that the registration was a subsequent development and not fundamentally contradictory to the earlier pleas.
design defendant favorable · Sep 27, 2018

Simon, S. A. U. v.The Controller Of Patent & Designs & Anr.

Calcutta High Court · 29883723

Simon filed three applications for the registration of a design related to 'Accessories For Electrical Devices', claiming priority from a Spanish application. The Controller found that the design lacked novelty because it was taught by earlier, prior published designs and compared unfavorably with Registered Design No. 216507.
design defendant favorable · Aug 30, 2018

Shree Vari Multiplast India Pvt. Ltd v.Deputy Controller Of Patents & Designs

Calcutta High Court · 71600955

The petitioner challenged the registration of Design No. 242843 (Sunday Chair) on grounds that it lacked novelty or originality as it resembled known designs. The respondent argued that the design was unique, aesthetically pleasing, and distinct from prior art. The High Court upheld the Deputy Controller's order, finding the registered design to be novel and original.
design defendant favorable · Aug 23, 2018

M/S Aashiana Rolling Mills Ltd v.M/S Kamdhenu Ltd

Delhi High Court · 191599286

This appeal addressed an interim injunction sought by Kamdhenu Ltd against M/S Aashiana Rolling Mills Ltd for alleged infringement of a registered design on TMT steel bars. Kamdhenu claimed its unique surface pattern was protected, while Aashiana argued that the design merely replicated a widely accepted British Standard (BS 4449:2005). The Delhi High Court ultimately set aside the injunction, finding that Kamdhenu's registration was suspect because it relied on a commonly applicable standard available in the public domain.
design mixed · Aug 1, 2018

Dart Industries Inc & Anr v.Polyset Plastics Pvt Ltd & Ors

Delhi High Court · 6409308

Dart Industries Inc filed a suit alleging infringement of its registered designs for bottles and caps. The plaintiff claimed that the defendant was selling products identical or obvious imitations of their protected designs, including the Aqua Safe bottle and Eco Flip Top bottle. The court examined the prima facie case, irreparable loss, and balance of convenience before deciding on the interim relief. Consequently, the court allowed the injunction application for the plaintiff while dismissing other related applications.
design mixed · Aug 1, 2018

Dart Industries Inc & Anr v.Polyset Plastics Pvt Ltd & Ors

Delhi High Court · 4471514

Dart Industries Inc filed a suit alleging infringement of its registered designs for bottles and caps (Aqua Safe and Eco Flip Top) against Polyset Plastics Pvt Ltd. The plaintiff demonstrated that their unique and popular product designs were being imitated by the defendant. The court examined the prima facie case, irreparable loss, and balance of convenience before deciding on interim relief.
design defendant favorable · Jun 4, 2018

Klassic Wheels Private Ltd v.The Assistant Controller Of Patents And Designs and Anr.

Calcutta High Court · 156580307

The petitioner filed an appeal challenging the cancellation of Design No. 229267, which covered a 'Wheel Rim' design. The grounds for cancellation were lack of novelty and prior publication. The court dismissed both the appeal and the application for additional evidence.
design plaintiff favorable · Jun 1, 2018

Vega Auto Accessories (P) Ltd. v.S.K. Jain Bros. Helmet (I) Pvt. Ltd.

Delhi High Court · 132137048

Vega Auto Accessories filed a suit seeking permanent injunction against S.K. Jain Bros. Helmet for infringing its registered design related to helmets. The court examined whether the features of the defendant's helmet were substantially similar to the plaintiff's protected design. After detailed comparison, the High Court found that the defendant's product was an obvious imitation, thus confirming the ad-interim injunction in favor of Vega Auto Accessories.
design defendant favorable · May 28, 2018

Rajesh Kalra v.Safeops. Surgical Care & Anr

Delhi High Court · 44952461

Rajesh Kalra filed a suit seeking permanent injunction against Safeops. Surgical Care and others for infringing his registered design of 'Pre-Cut Eye Drape'. The plaintiff claimed novelty in the unique shape and configuration, which included a pre-cut aperture for surgical use. However, the Delhi High Court ultimately dismissed the suit, finding that the core feature—the pre-cut aperture—was purely functional and dictated by utility rather than aesthetic appeal.
design defendant favorable · Apr 28, 2018

M/S.Maya Appliances Pvt Ltd. v.Preethi Kitchen Appliances Pvt Ltd.

Madras High Court · 59688970

This appeal involved a dispute over the alleged infringement of a registered design for a mixer grinder base unit. The appellant, M/S. Maya Appliances Pvt Ltd., challenged an order that had granted an injunction against them based on copyright infringement. The court examined both designs side-by-side and found no substantial similarities, noting distinct differences in shape and configuration between the two tripod bases. Consequently, the appeals were allowed, setting aside the previous interim orders.
design settled · Mar 15, 2018

M/s.V.V.V & Sons Edible Oils Limited. v.M/s.S.G.R. (777) Foods Pvt Ltd.

Madras High Court · 101697999

This Madras High Court judgment records a compromise in an infringement suit concerning the bottle design and label color scheme for gingelly oil. The parties agreed to settle the dispute amicably, leading the court to pass a compromise decree. Key terms included the first defendant voluntarily amending its label by enlarging the logo and altering other features, agreeing to destroy remaining unused labels within three months, and ceasing deceptive imitation of the plaintiff's product.
design plaintiff favorable · Mar 5, 2018

M/S Manibhadra Plastic Industries v.M/S Pearl Thrmoplast Pvt. Ltd.

Rajasthan High Court - Jodhpur · 139688309

M/S Manibhadra Plastic Industries filed a suit for permanent injunction alleging violation of its registered design (No.245-249) concerning a 'Jug'. The defendant challenged the suit, arguing that the court lacked territorial jurisdiction as their primary business operations were outside Jodhpur. However, the High Court ruled in favor of the plaintiff, holding that since the infringement and sale of the goods occurred within the court's jurisdiction (Jodhpur), part of the cause of action arose there, thereby establishing the court's competence to hear the matter.
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