India Design Cases

160 decisions indexed

Page 2 of 6 · 160 total

design defendant favorable · Jul 6, 2022

M/s Unik Industries v.M/s Amazon India Ltd.

Telangana High Court · CONTEMPT CASE No.1146 of 2021

M/s Unik Industries filed a contempt case against M/s Amazon India Ltd. alleging willful disobedience of an interim order regarding the removal of infringing design patent products (clothing hangers) from its online portal. The petitioner claimed continuous infringement despite compliance efforts. However, the court found that since Amazon acted as an intermediary and listings were made by third parties without their actual knowledge or human intervention, there was no wilful violation.

design settled · May 4, 2022

Symphony Limited v.Raj Cooling System Private Limited

Gujarat High Court · C/CS/5/2021

Symphony Limited filed a suit against Raj Cooling System Private Limited alleging infringement of its registered design (No. 288184) for air coolers. The dispute was settled amicably between the parties, leading to the court disposing of the suit.

design defendant favorable · Feb 4, 2022

M/S Mold Tech Packaging Limited v.S.D. Container Proprietor Patwari

Madhya Pradesh High Court · MISC. APPEAL No. 2497 of 2021

The appeal was filed by M/S Mold Tech Packaging Limited against an order rejecting its application for a temporary injunction. The plaintiff claimed that the respondent was pirating and infringing their registered designs of containers and lids. However, the court dismissed the appeal, finding that the plaintiff's designs were not new or original as they had been in use globally prior to registration.

design dismissed · Nov 22, 2019

M/s.Titan Paints & Chemicals Ltd. v.Mr. Mylsamy Ranga Ramanujam

Madras High Court · C.M.A. No. 163 of 2009 and M.P. No. 1 of 2008

M/s.Titan Paints & Chemicals Ltd. filed a Civil Miscellaneous Appeal seeking cancellation of Design Registration No. 188332. However, during the consideration of the matter, the counsel for the Appellant submitted that the relief sought had become infructuous.

design interim order · Jul 17, 2019

Dart Industries Inc v.Vijay Kumar Bansal

Delhi High Court · CS(COMM) 837/2016

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 defendant favorable · May 10, 2019

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

Calcutta High Court · AID No.3 of 2012

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 dismissed · Apr 10, 2019

Flexituff International Ltd v.M/S Tirupati Sprinklers

Rajasthan High Court - Jaipur · S.B. Other Original Suit No. 1/2016

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 interim order · Feb 26, 2019

Senthilkumar Ramamoorthy J v.Unknown

Madras High Court · O.A.Nos.41 & 42 of 2022 in C.S.(Comm. Div) No.14 of 2022

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 · O.A.Nos.41 & 42 of 2022 in C.S.(Comm. Div) No.14 of 2022

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 interim order · Jan 29, 2019

Pidilite Industries Limited v.Golden Glue and others

Bombay High Court · NMCDL-81-2019 / CMIP Suit 43 of 2019

Pidilite Industries Limited filed a Commercial IP Suit against Golden Glue and others alleging passing off. The court granted leave under Clause XIV of the Letters Patent Act and also passed an interim order granting injunctions to protect the plaintiff's brand identity and packaging design.

design interim order · Jan 29, 2019

Pidilite Industries Limited v.Golden Glue and others

Bombay High Court · NMCDL-81-2019 / CMIP Suit (L) No. 43 of 2019

Pidilite Industries Limited filed a Commercial IP Suit against Golden Glue and others alleging passing off related to its FEVICRYL product line. The court granted leave under Clause XIV of the Letters Patent Act and also passed an interim order granting specific injunctions.

design pending · Jan 10, 2019

Hindustan Unilever Limited v.Eureka Forbes Limited & Anr

Delhi High Court - Orders · CS(COMM) 236/2018

This order addressed preliminary issues in an infringement suit. The court noted that a registered design holder is entitled to sue another registered holder if there is infringement, and suggested this principle should apply to patents as well. It was also informed that the plaintiff applied for patent grant earlier than the defendant.

design defendant favorable · Sep 27, 2018

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

Calcutta High Court · AID 2 of 2018

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 · AID No.1 of 2018

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 · Jun 4, 2018

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

Calcutta High Court · G.A. No.2407 of 2017 / AID No.6 of 2013

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 defendant favorable · Feb 8, 2018

M/s Crocs Inc.Usa v.M/s Liberty Shoes Ltd.

Delhi High Court · CS (COMM) No. 772/2016 and connected cases

The plaintiff, M/s Crocs Inc.Usa, filed suits seeking permanent injunction against various defendants for infringing its registered designs (Nos. 197685 and 197686) related to footwear. The court heard and disposed of the interim injunction applications in favor of the defendants.

design dismissed · Nov 15, 2017

M & K Technologies v.Hi-Tech Carbons and Engineering Pvt. Ltd.

Madras High Court · C.M.A.NO.1806 OF 2007 and M.P.NO.1 OF 2007

M & K Technologies filed a Civil Miscellaneous Appeal challenging the Deputy Controller's order cancelling design registration no. 190949. The appeal was subsequently dismissed by the High Court due to the appellant failing to appear and filing a memo stating there were no instructions.

design dismissed · Aug 24, 2017

BDA Ltd. v.National Industrial Corporation Ltd.

Calcutta High Court · AID No.1 of 2006

The appellant filed an application before the Controller of Patents and Designs for cancellation of Registered Design No.182771 under Section 19 of the Act. The Registrar had previously rejected this application, and since more than ten years had passed, the Calcutta High Court dismissed the appeal as infructuous.

design plaintiff favorable · Apr 27, 2017

J & J Buildcon Pvt. Ltd. v.Controller Of Patents And Designs & Ors.

Calcutta High Court · AID No.12 of 2016

J & J Buildcon Pvt. Ltd. appealed an order concerning the cancellation of registered designs. The core issue was whether a party could challenge the design's validity when there was a prior settlement agreement acknowledging the rights of the petitioner. The court held that between the parties, the settlement bound them, setting aside the impugned order.

design plaintiff favorable · Apr 27, 2017

J & J Buildcon Pvt. Ltd. v.Controller Of Patents And Designs & Ors.

Calcutta High Court · AID No.13 of 2016

J & J Buildcon Pvt. Ltd. appealed against an order that proceeded with the cancellation of registered designs based on prior publication, despite a previous settlement between the parties. The court held that as between the settled parties, one is bound by their acknowledgement of ownership and validity.

design interim order · Mar 30, 2017

Cello Household Products v.Modware India

Bombay High Court · SUIT (L) NO. 48 OF 2017 / NOTICE OF MOTION (L) NO. 209 OF 2017

Cello Household Products filed suit against Modware India alleging design infringement and passing off regarding their PURO brand plastic water bottle. Cello claimed its unique, registered design was illicitly copied by Modware's product, KUDOZ. The court addressed the prima facie case for interim relief.

design pending · Mar 16, 2017

Som Distilleries And Breweries Ltd. v.The Controller Of Patents And Designs & Ors.

Calcutta High Court · AID No.2 of 2015

The Controller of Patents and Designs produced records regarding the application for cancellation of Design No. 223479 filed by Som Distilleries & Breweries Ltd. The court allowed both parties liberty to inspect the original records.

design interim order · Mar 16, 2017

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

Calcutta High Court · AID No.6 of 2016

The Calcutta High Court addressed an application concerning the cancellation of Registered Design No. 244215, which was filed by Jagdhir Sing, Proprietor of M/s. M.B. Machinery Corporation. The court directed the respondent to produce the relevant records within two weeks and adjourned the matter.

design pending · Mar 16, 2017

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

Calcutta High Court · AID No.5 of 2016

The petitioner, M/S. M. B. Exports Limited, filed a matter before the Calcutta High Court concerning an application for cancellation of Registered Design No. 244439. The court directed the respondent to produce the relevant proceedings and adjourned the matter.

design interim order · Mar 16, 2017

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

Calcutta High Court · AID No.4 of 2016

The petitioner, M/S. M. B. Exports Limited, approached the Calcutta High Court regarding an application for cancellation of Design No. 244214. The court directed the respondent (Controller) to produce all related proceedings within two weeks and adjourned the matter.

design remanded · Feb 23, 2017

Krishna Plastic Industries v.Controller Of Patents And Designs & Ors.

Calcutta High Court · AID 5 of 2013

Krishna Plastic Industries appealed against an order allowing the cancellation of its registered design for a 'plastic seal'. The High Court found that the Deputy Controller failed to properly examine and reason regarding the distinctive surface pattern, which was claimed as the source of novelty. Consequently, the court set aside the impugned order and remanded the matter for fresh consideration.

design defendant favorable · Feb 16, 2017

Atul Narsibhai Patel v.Assistant Controller Of Patents And Designs & Anr.

Calcutta High Court · AID No.4 of 2013

The petitioner appealed against the cancellation of Design No. 211639 (a seal for packaging). The Assistant Controller cancelled the registration finding that the design was not new or original because its features were strikingly similar to prior published and registered designs, specifically nos. 179570 and 205871.

design defendant favorable · Jan 17, 2017

Atul Narsibhai Patel v.The Assistant Controller Of Patents & Designs & Ors.

Calcutta High Court · AID No.3 of 2013

The petitioner appealed against the cancellation of his registered seal design (Design No. 200628). The dispute centered on whether the design lacked novelty or originality due to its similarity to features depicted in an earlier tender document published by the Gujarat Electricity Board. The High Court upheld the Assistant Controller's decision, finding that the prior publication defeated the right of registration.

design defendant favorable · Jan 3, 2017

Apl Apollo Tubes Ltd. v.Surya Roshni Limited

Delhi High Court · CS(Comm) 192/2016

The plaintiff filed a suit alleging infringement of its registered design for a Hollow Section Pipe. The defendant contested the claim, arguing that the design lacked novelty, was common to trade, and was based on pre-existing prior art. The court dismissed the interim application in favor of the defendant.

design plaintiff favorable · Dec 6, 2016

Mandev Tubes Pvt. Ltd v.Kalpesh R. Jain And 2 Ors

Bombay High Court · 917-NMS2195-16-F.DOC (Suit No. 742 of 2016)

The Plaintiff, Mandev Tubes Pvt. Ltd., sought protection for its registered design (No. 224751) concerning copper tubes, alleging that the Defendants infringed this design and engaged in passing off. The Plaintiff claimed the design was novel and original, featuring an expanded bell shape at one end of the tube.

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