India Design Cases
160 decisions indexed
Page 1 of 6 · 160 total
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of various applications seeking to register GUIs as industrial designs. The appellants argued that the Controller adopted an unduly strict interpretation, failing to recognize GUIs as registrable designs under the Designs Act, 2000. The Court held that the respondent authorities failed to apply the correct legal tests regarding GUI registration.
Nec Corporation v.The Controller Of Patents And Designs
The appeal challenged the rejection of designs related to GUIs on display screens. The appellants argued that strict interpretations by the Controller rejected GUI as not being an article or having permanence. The court held that the respondent authorities failed to apply correct legal tests, setting aside the impugned orders and remanding the cases for fresh consideration.
Nec Corporation v.The Controller Of Patents And Designs
The appeal challenged the rejection of designs related to GUIs on display screens. The respondent authorities adopted a narrow interpretation, arguing that GUIs are mere software and not registrable articles. The High Court ruled in favor of the appellants, holding that the existing legal definitions must be interpreted expansively to recognize GUIs as industrial designs.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to GUIs in electronic devices. The appellants argued that the Controller adopted an unduly strict interpretation, failing to recognize GUIs as registrable designs. The Court held that the respondent authorities failed to apply the correct legal tests regarding GUI registration.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to GUIs in electronic devices. The appellants argued that strict interpretations by the Controller regarding whether GUIs constitute an 'article' or possess permanence were flawed. The Court held that the respondent authorities failed to apply correct legal tests, setting aside the impugned orders and remanding all matters for fresh consideration.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to Graphical User Interfaces (GUIs), arguing that the Controller adopted an unduly strict interpretation of 'design' and 'article'. The court held that the respondent authorities failed to apply the correct legal tests regarding GUI registration. Consequently, all matters were set aside and remanded for fresh hearing.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to GUIs in electronic devices. The appellants argued that strict interpretations by the Controller regarding whether GUI qualifies as a registrable design were flawed. The Court held that the respondent authorities failed to apply correct legal tests, setting aside the impugned orders and remanding the cases for fresh consideration.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to GUIs on display screens. The appellants argued that strict interpretations by the Controller regarding whether GUIs constitute an 'article' or possess permanence were flawed. The Court held that the respondent authorities failed to apply the correct legal tests, setting aside the impugned orders and remanding all matters for fresh consideration.
Crocs Inc Usa v.M/S Bata India Ltd And Ors.
The plaintiff, Crocs Inc Usa, filed a suit seeking permanent injunction against M/S Bata India Ltd for infringing its registered design. The suit was previously disposed of after the design registration (No. 197685) was cancelled by the Controller of Patents & Designs due to lack of novelty. The current application seeks costs against the plaintiff.
Smt. B.K. Annapurnamma, Sri B.N.K. Sarathi, Smt. B.S. Nagarathna, and Sri B.S. Sapthagiri (Partners of M/s. Sarathi Perfumery Works) v.M/S. Mahendra Perfumery Works
The plaintiffs, partners of M/s. Sarathi Perfumery Works, filed a suit seeking permanent injunction against M/S. Mahendra Perfumery Works for infringing their registered design (No. 203040) of a display box. The court found that the copyright subsisting in the design had expired in 2016, rendering the cause of action infructuous.
Suneeta Sharma v.German Plast Industries Private Limited
The case involves a dispute regarding the validity of Suneeta Sharma's registered design, Design No. 331213-001. Defendant No. 1 filed an application seeking fresh summons and directions for the Controller of Patent and Designs (Defendant No. 2) to produce complete records related to the design registration.
Bol7 Technologies Pvt. Ltd. v.Flipkart Internet Private Limited
Bol7 Technologies Pvt. Ltd., the proprietor of the 'Toy Building Block' design (No. 345217-001), filed a suit against various defendants, including e-commerce platforms like Flipkart, alleging infringement and dilution due to counterfeit toys being sold online. The court found that Defendants no. 6, 8, and 10 were misusing the registered design, granting permanent injunctions against them.
Thermo Electrics Madras Manufacturing v.P.R.Gopalakrishnan
Plaintiffs filed a civil suit seeking permanent injunction against the defendants for committing piracy through fraudulent imitation of four registered designs (No. 193288, 193289, 193290, 193291) related to Extraction and Heating Mantles. The plaintiffs alleged that the first defendant had access to their trade secrets and designs during his employment with the second plaintiff, leading to unauthorized imitation.
Udaykumar Chabidas Patel v.Controller of Patents and Designs & Anr.
The petitioner filed an application before the Calcutta High Court complaining about the delay in the disposal of his pending application before the Controller of Patents and Designs, Kolkata. The said application sought the cancellation of a registered design belonging to another party. The court disposed of the petition without passing any order.
Udaykumar Chabidas Patel v.Controller of Patents and Designs & Anr.
The petitioner filed an application before the Calcutta High Court complaining about the delay in the disposal of his pending application before the Controller of Patents and Designs, Kolkata. The said application sought the cancellation of a registered design belonging to another party. The court disposed of the petition without passing any order.
Udaykumar Chabidas Patel v.Controller of Patents and Designs & Anr.
The petitioner filed an application before the Calcutta High Court complaining about the delay in the disposal of his pending application before the Controller of Patents and Designs, Kolkata. The said application sought the cancellation of a registered design belonging to another party. The court disposed of the petition without passing any order.
Pidilite Industries Limited v.Astral Limited (Formerly known as Resinova Chemie Limited)
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.
Paresh Ajitkumar Kapoor v.Controller Of Patents And Designs And Ors.
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.
Baskar v.G. Raghu Babu
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.
V Guard Industries Ltd v.Ms Mahavir Home Appliances And Anr. & Anr.
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.
Ttk Prestige Ltd. v.Nirlon Kitchenware Private Ltd.
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.
Shah Mayankkumar Bharatkumar v.Controller Of Patents And Designs & Anr.
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.
The Raring Corporation And Anr v.Neogie Engineering Works Pvt Ltd
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.
Ust Global (Singapore) Pte Ltd v.The Controller Of Patents And Designs and Anr.
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.
Aqualite Industries Pvt. Ltd v.Relaxo Footwears Limited
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.
Novateur Electrical & Digital Systems Pvt Ltd v.V-Guard Industries Ltd
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.
Kalpesh Manubhai Ramoliya v.Controller Of Patents And Designs & Anr.
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.
Kalpesh Manubhai Ramoliya v.Controller Of Patents And Designs & Anr.
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.
Novateur Electrical & Digital Systems Pvt Ltd v.V-Guard Industries Ltd
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.
Sirona Hygiene Private Limited v.Amazon Seller Services Private Limited
The court heard an application filed by Defendant 7 seeking permission to place screenshots and a research paper on record to challenge the novelty of Design No. 263764 asserted by Sirona Hygiene Private Limited. The plaintiff opposed the application, citing delay. The Court allowed the documents but directed the plaintiff to file an affidavit of admission or denial.
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