Design Cases

274 decisions across India

India 274

Page 6 of 10

design plaintiff favorable · May 27, 2016

R.N. Gupta & Co. Ltd. Jasola New Delhi v.M/S Action Construction Equipments Ltd. Dudhola & 3 Others

Allahabad High Court · 188397546

The appeal challenged an order from the Additional District Judge which granted an interim injunction restraining the defendant-appellant from manufacturing and selling registered designs for tower cranes. The appellant argued that since a ground under Section 19 of the Designs Act, 2000 was raised as a defense, the suit must be transferred to the High Court under Section 22(4).
design mixed · Apr 4, 2016

M/S Symphony Ltd v.M/S Summer Cool Home Appliances Pvt Ltd

Delhi High Court · 10118858

M/S Symphony Ltd filed an application seeking to amend its plaint in a dispute concerning air cooler designs against M/S Summer Cool Home Appliances Pvt Ltd. The plaintiff sought to clarify discrepancies regarding the dates of use and registration for various registered design models, such as 'Sumo' and 'Winter'. The court examined whether these amendments were necessary for proper adjudication or merely an attempt to resile from previous admissions. Ultimately, the Delhi High Court allowed the amendment, finding that it served only to clarify existing pleadings without fundamentally altering the nature of the suit.
design plaintiff favorable · Jan 19, 2016

M/S. Bhatia Enterprises v.Sh. Subhash Arora

Delhi High Court · 161649312

M/S. Bhatia Enterprises filed a suit alleging infringement of its registered design for a water jug (No. 235010). The court considered an application for a preliminary injunction, noting that the defendant had previously failed in its attempt to cancel the registration based on prior publication. Given that the plaintiff had a prima facie case and irreparable loss would occur without protection, the court granted the interim injunction.
design plaintiff favorable · Jan 4, 2016

J.C. Bamford Excavators Limited & Anr v.Bull Machines Pvt Ltd

Delhi High Court · 70487596

J.C. Bamford Excavators Limited filed an application seeking to amend its plaint in a suit against Bull Machines Pvt Ltd, aiming to enhance the suit's valuation and the quantum of damages claimed due to ongoing copyright and design infringement. The plaintiffs argued that despite previous arrangements, the defendant continued manufacturing and selling infringing backhoe loaders. The court ultimately allowed the amendment, emphasizing that commercial disputes require a flexible approach to ensure justice.
design mixed · Nov 24, 2015

Laxmi Snacks Pvt Ltd v.Akshar Food Products

Gujarat High Court · 108639259

Laxmi Snacks Pvt Ltd challenged Akshar Food Products for allegedly copying its distinctive packaging design, getup, and style used for ready-to-eat Namkeen products like Ratlami Sev. The appellant claimed their unique visual identity, including color scheme and mascot, was infringed upon by the respondent's similar product presentation. While the court acknowledged the claims of infringement based on trade dress, it ultimately dismissed the appeals, directing the respondent to provide sales records for further scrutiny.
design plaintiff favorable · Sep 4, 2015

Vishnuprasad Mohanlal Panchal (Alias Ashok Panchal) v.Hitesh Vishnuprasad Panchal

Calcutta High Court · 148945994

The appeal was filed under Section 19(2) of the Designs Act, 2000 against an order passed by the Assistant Controller of Patents and Designs. The appellant argued that there was an inordinate delay (more than two years) between the conclusion of the hearing and the delivery of the final order regarding registered design no. 222514.
design defendant favorable · Jul 27, 2015

Win Plast Ltd v.Symphony Ltd

Gujarat High Court · 23425708

Win Plast Ltd appealed an order passed in Civil Suit No. 2 of 2015 regarding alleged infringement of a registered design related to an air cooler. The appellant challenged the jurisdiction and the basis of the interim relief, arguing that the suit was based on mere apprehension and should have been filed in Mumbai. The High Court dismissed the appeal, upholding the Single Judge's order.
design settled · Jun 5, 2015

Bharat Balar v.Rajendra Distributors

Madras High Court · 4771437

The appeal concerned a suit filed by Bharat Balar alleging infringement of their registered design and passing off against Rajendra Distributors. The court facilitated an agreement between both parties to expedite the trial process and set aside certain adverse observations made in a previous common order.
design plaintiff favorable · May 5, 2015

Symphony Ltd v.Wim Plast Ltd & 2

Gujarat High Court · 28237134

Symphony Ltd filed a suit seeking permanent injunction against the piracy of its registered designs for Air Coolers. The defendants were accused of marketing and selling products with identical design, shape, and configuration. The court found that a prima facie case was made out in favor of the plaintiff, leading to the continuation of the interim relief.
design plaintiff favorable · Apr 29, 2015

M/S.Devans Modern Breweries Ltd. v.Controller Of Patents And Designs And Ors.

Calcutta High Court · 178533282

The appellant challenged the refusal of design registration (Application No. 233798) by the Assistant Controller of Patents and Designs, Kolkata. The High Court found that the Assistant Controller overlooked previous judicial observations regarding consistent application of registration parameters and incorrectly assessed the originality of the bottle design.
design defendant favorable · Apr 24, 2015

Amit Jain v.Ayurveda Herbal & Ors

Delhi High Court · 135429378

Amit Jain filed a suit seeking permanent injunction against Ayurveda Herbal and others for infringing his registered designs used on plastic bottles and tubes for cosmetic products. The plaintiff claimed ownership through assignment of several design registrations. However, the court dismissed the application for interim injunction, finding that the designs were not novel or protectable under Section 30 of the Act. Furthermore, the plaintiff was penalized for failing to disclose details of a prior withdrawn suit.
design plaintiff favorable · Feb 27, 2015

Atlas Plastic v.C G Enterprise

Gujarat High Court · 70768173

Atlas Plastic filed a civil suit seeking declaration and permanent injunction against C G Enterprise for infringement of its registered designs. Atlas Plastic subsequently filed an application seeking to amend its plaint to incorporate details regarding the cancellation petition status of one of the defendant's impugned designs.
design dismissed · Jan 22, 2015

M/s. Innovativ Dezines v.M/s. Wooltop Design Private Limited

Madras High Court · 92771463

M/s. Innovativ Dezines appealed a previous order and decree regarding a suit against M/s. Wooltop Design Private Limited. The appellant sought to set aside the earlier judgment. Ultimately, the senior counsel for the appellant agreed to withdraw the appeal with liberty to raise all pleas on merits in the written statement.
design interim order · Sep 22, 2014

V2 Corp & Anr. v.Innovative Techpack Limited

Delhi High Court · 7305553

The plaintiffs filed a suit seeking permanent injunction, damages, and delivery for infringement of their registered JAR designs. The defendant challenged an ex-parte interim order restraining it from manufacturing or selling products with identical or obvious imitations of the plaintiff's designs. The court modified the existing interim order to allow the defendant limited use of certain features while maintaining the rest of the injunction.
design remanded · Aug 20, 2014

Mr. Gigaram M.Patel v.The Assistant Controller Of Patents & Designs & Anr.

Calcutta High Court · 99720851

Mr. Gigaram M.Patel appealed a decision by the Assistant Controller of Patents & Designs regarding the cancellation of a registered design (No. 225589). The High Court set aside the original order, finding that the petitioner was not given adequate opportunity to produce the complete set of Yellow Pages necessary to establish the date of publication.
design plaintiff favorable · May 27, 2014

Whirlpool Of India Ltd v.Videocon Industries Ltd

Bombay High Court · 188051985

Whirlpool, a manufacturer of washing machines, sued Videocon Industries for infringing its two valid design registrations (Nos. 223833 and 223835) through the 'Videocon Pebble' brand, alleging that the Defendant's product was visually indistinguishable from theirs. The dispute also involved whether infringement or passing off actions could be maintained against a party who held a registered design.
design plaintiff favorable · Apr 29, 2014

M/S Manoj Selas And Locks v.The Bihar State Electricity Board

Patna High Court - Orders · 197971155

M/S Manoj Selas And Locks challenged an order that blacklisted them for two years and forfeited their Bank Guarantee after they were rejected from a tender. The dispute centered on whether the petitioner possessed a valid design certificate (Design No. 198589) required by the Board, which the Board disputed.
design defendant favorable ★ Landmark · Feb 24, 2014

Steelbird Hi-Tech India Ltd. v.S.P.S. Gambhir & Ors.

Delhi High Court · 99670896

Steelbird Hi-Tech India Ltd. filed a suit seeking permanent injunction against S.P.S. Gambhir & Ors., alleging infringement of its registered helmet design (No. 241153). The core dispute revolved around whether Steelbird's design was novel and original, and if the defendants' product copied essential features. The court examined evidence showing that similar 'beak shaped' designs were already available in the market from competitors like STUDDS and AIROH prior to Steelbird's registration date.
design defendant favorable · Dec 6, 2013

Pawan Deep Singh Bahl v.Princep Supply Agency

Delhi High Court · 196564273

Pawan Deep Singh Bahl filed a suit against Princep Supply Agency alleging infringement of his registered industrial design (No. 182353) and copyright, along with claims of passing-off regarding 'Mercury in Glass Thermostats'. The plaintiff claimed the defendant copied his compact thermostat design. However, the court ultimately dismissed the suit not on the merits of IP infringement, but because the plaintiff failed to implead the Research Design and Standards Organisation (RDSO), which was deemed a necessary party for determining the culpability of piracy and infringement.
design defendant favorable · Sep 25, 2013

Urooj Ahmed v.Preethi Kitchen Appliances Private Limited

Madras High Court · 105248351

The appellant, Urooj Ahmed, filed an Original Side Appeal challenging the single judge's decision to dismiss an application seeking rejection of the plaint on grounds of lack of territorial jurisdiction. The suit involved claims of design infringement and passing off under the Designs Act, 2000. The High Court dismissed the appeal, upholding the lower court's order regarding maintainability.
design mixed · May 15, 2013

Mohan Lal Proprietor Of Mourya Industries v.Sona Paint & Hardwares

Delhi High Court · 188045559

This judgment addresses complex legal questions arising from two suits concerning intellectual property rights. Specifically, it examines whether a holder of a registered design can sue for infringement against another party who also holds a registered design. The court also deliberated on the interplay between statutory remedies under the Designs Act and common law actions like passing off, particularly when the design is used as a trademark.
design mixed · May 15, 2013

Micolube India Limited v.Rakesh Kumar Trading As Saurabh Industries & Ors.

Delhi High Court · 76636976

This judgment addresses complex questions regarding the interplay between statutory design rights and common law remedies like passing off. The court ruled that a suit for infringement of a registered design is not maintainable against another registered proprietor if the registration covers the same features. Furthermore, while the remedy of passing off cannot be joined with the design infringement suit concerning the shape itself, it remains available in alternative to prevent consumer confusion arising from trade dress or trademarks.
design mixed · Mar 15, 2013

Reckitt Benkiser India Ltd v.Wyeth Ltd.

Delhi High Court · 3849421

This Delhi High Court judgment addresses complex issues surrounding design rights under the Designs Act, 2000. The court specifically examined whether a design registered in a Paris Convention country can serve as grounds for cancelling an Indian-registered design. A key focus was defining 'prior publication,' clarifying that mere existence of a design in a foreign public record is not automatically sufficient; it must possess complete clarity to be understood by the eye of the mind regarding its application to a specific article. The court directed further proceedings to determine the factual merits.
design plaintiff favorable · Oct 31, 2012

M/s Rana Sugars Limited v.State Of Punjab And Others

Punjab-Haryana High Court · 167427441

The petitioner, M/s Rana Sugars Limited, challenged a notification issued by the State of Punjab that amended distillery rules to mandate 'Superior-Grade quality and round in shape' for bottles. The petitioner argued that its innovative use of non-round shapes (kidney and rectangular) was commercially successful and protected by design registration. The court quashed the restriction on bottle shape, holding that the state lacked jurisdiction to specify this detail.
design defendant favorable · Aug 6, 2012

Tarun Sethi v.Vikas Budhiraja

Delhi High Court · 195988954

This case involved a dispute over the registered design of a door spring, which the plaintiffs claimed was infringed by the defendants. The plaintiffs asserted that their capsule-shaped door spring, protected under Design Registration No. 202794, was being copied. However, the court examined the core issue of novelty and originality. Ultimately, the court found that the design lacked sufficient distinction from existing market products, leading to the dismissal of the suit.
design plaintiff favorable · Jul 25, 2012

M/s.Whirpool Of India Ltd. v.M/s.Videocon Industries Ltd.

Bombay High Court · 74331630

The plaintiff, a manufacturer of consumer products including washing machines, sought an interim injunction against the defendant for infringing two registered designs (Nos. 223833 and 223835) and for passing off its product. The court found that the defendant's product was a deceptive imitation based on the 'judged solely by eye' test, making a prima facie case for infringement.
design interim order · Jul 25, 2012

M/s.Whirpool Of India Ltd. v.M/s.Videocon Industries Ltd.

Bombay High Court · 182912127

The plaintiff, a manufacturer of consumer goods, sought an interim injunction against the defendant for infringing its registered washing machine designs (Nos. 223833 and 223835) and for passing off its products as the plaintiff's. The court found that a prima facie case was made out for infringement and passing off, leading to the grant of ad-interim relief.
design remanded ★ Landmark · Mar 30, 2012

M/S Micolube India Limited v.Rakesh Kumar Trading As Saurabh Industries & Ors

Delhi High Court · 48513198

M/S Micolube India Limited filed a suit against Rakesh Kumar Trading As Saurabh Industries for infringement of its registered container design. The dispute centered on the similarity of the designs, with both parties holding registrations from the same office. The defendants challenged the validity and scope of the plaintiff's rights, raising complex legal questions regarding concurrent registration and the applicability of passing off alongside statutory design law. Given the judicial inconsistency in existing precedents, the court decided to refer these fundamental issues to a larger bench for an authoritative ruling.
design plaintiff favorable · Mar 6, 2012

Asian Rubber Industries v.Jasco Rubbers, Manpasand Footwear (Original Plaintiff)

Bombay High Court · 164890626

Asian Rubber Industries challenged an interim injunction granted against them for passing off, while Jasco Rubbers sought to overturn a refusal to grant an injunction based on design infringement. The court found that the defendants' footwear was identical/deceptive to the plaintiff's registered designs and allowed the appeal challenging the ad-interim injunction.
design defendant favorable · Feb 6, 2012

John Distilleries Limited v.Shashi Distilleries Pvt Ltd

Karnataka High Court · 104792857

John Distilleries Limited filed an appeal seeking a temporary injunction against Shashi Distilleries Pvt Ltd, alleging that the latter was manufacturing and selling liquor in bottles deceptively similar to the petitioner's registered bottle design (Design No. 214542). The High Court examined the matter and found that the petitioner had not established a prima facie case, leading to the dismissal of the appeal.
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