India Design Cases
274 decisions indexed
Page 5 of 10 · 274 total
Kalpesh R Jain And 2 Ors v.Mandev Tubes Private Limited
Mandev Tubes Pvt. Ltd. filed a commercial suit alleging that Hariom Metals & Tubes (the appellants) infringed its registered design for copper tubes, specifically claiming imitation of the unique bell-shaped ending. The plaintiff asserted substantial goodwill and market presence under trademarks like 'MT ECO SELF CONNECT'. However, the Bombay High Court dismissed the appeal filed by the defendants, upholding the single judge's finding that the plaintiff had demonstrated a prima facie case of infringement and passing off.
M/s Crocs Inc.Usa v.M/s Liberty Shoes Ltd.
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.
Pentel Kabushiki Kaisha v.M/S Arora Stationers
Pentel Kabushiki Kaisha filed a suit alleging piracy of its registered design (No. 263172) for ball point pens against M/S Arora Stationers, seeking permanent injunctions and damages. The court was asked to consider an interim injunction application based on the alleged infringement under the Designs Act, 2000. However, the Court dismissed the application, finding that the plaintiffs failed to demonstrate substantial newness or originality in their design.
M & K Technologies v.Hi-Tech Carbons and Engineering Pvt. Ltd.
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.
M/S Kamdhenu Limited v.M/S Aashiana Rolling Mills Ltd
M/S Kamdhenu Limited filed a suit seeking permanent injunction against M/S Aashiana Rolling Mills Ltd for infringing its registered design related to TMT steel bars. The plaintiff claimed that the defendant copied the unique double-rib surface pattern of their patented bar, which was protected under Design Act, 2000 (No. 250968). The defendant countered by arguing that the design was based on a public domain British Standard and lacked novelty. The Delhi High Court granted interim protection to Kamdhenu Limited, finding a prima facie case for infringement.
M/S Instapower Ltd. v.M/S Alpha Interiors Pvt Ltd & Ors.
M/S Instapower Ltd., a company specializing in energy-efficient lighting systems, filed a suit alleging that M/S Alpha Interiors Pvt Ltd and others were infringing its registered design patents for aviation warning lights. The plaintiff demonstrated extensive market presence and proved that the defendants were manufacturing and selling similar products. Despite the defendants failing to contest the case effectively, the court found infringement.
BDA Ltd. v.National Industrial Corporation Ltd.
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.
Philco Industries & Ors. v.The Dy. Controller Of Patents & Designs & Anr.
Philco Industries challenged the registration of a bowl design (No. 205014), arguing that it lacked novelty as it was common in trade and had been previously sold by them. The Deputy Controller rejected this cancellation petition, finding no cogent evidence of prior publication or use. The Calcutta High Court upheld the Controller's decision, agreeing that Philco failed to discharge its onus of proving prior art, thereby affirming the design registration.
T.K. Shawal Industries Pvt. Ltd. v.Controller Of Patents And Designs & Ors.
T.K. Shawal Industries Pvt. Ltd. challenged the registration of Design No. 252082, arguing that the scarf's surface pattern lacked originality and was anticipated by prior knowledge or publication. The court examined evidence regarding prior sales invoices and Wikipedia documents but found no cogent proof of novelty infringement. While dismissing the cancellation petition, the High Court noted an apparent clerical error in the certificate of registration date and directed the Controller to make the necessary correction.
J & J Buildcon Pvt. Ltd. v.Controller Of Patents And Designs & Ors.
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.
J & J Buildcon Pvt. Ltd. v.Controller Of Patents And Designs & Ors.
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.
Anuradha Doval v.The Controller Of Patents And Designs & Ors.
This appeal before the Calcutta High Court challenged the cancellation of a registered design for a 'Bottle Cap' (Design No. 222799). The private respondent argued that the shape and configuration were not new or original, citing prior published art documents, including magazine issues from 2009. The court ultimately upheld the Controller's decision, finding that the impugned design was substantially identical to existing publications and lacked novelty.
Cello Household Products v.Modware India
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.
M/S. M. B. Exports Limited v.The Controller Of The Patents And Designs & Ors.
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.
M/S. M. B. Exports Limited v.The Controller Of The Patents And Designs & Ors.
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.
M/S. M. B. Exports Limited v.The Controller Of The Patents And Designs & Ors.
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.
Som Distilleries And Breweries Ltd. v.The Controller Of Patents And Designs & Ors.
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.
Itc Limited v.The Controller Of Patents And Designs & Ors.
ITC Limited challenged the registration of a cigarette pack design (No. 196859) by appealing to the Calcutta High Court, arguing that the design lacked novelty and was not registrable under the Designs Act, 2000. The petitioner contended that prior published designs rendered the registered design non-original. However, the court ultimately dismissed the appeal, finding no fundamental error in the Controller's assessment of the design's originality and noting significant delays by the appellant.
Krishna Plastic Industries v.Controller Of Patents And Designs & Ors.
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.
Atul Narsibhai Patel v.Assistant Controller Of Patents And Designs & Anr.
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.
Kent Ro Systems Ltd v.Amit Kotak
Kent Ro Systems Ltd filed a suit alleging that Defendant No. 1 was manufacturing and selling water purifiers whose design infringed upon their registered designs. The plaintiffs also sought relief against the online marketplace, eBay (Defendant No. 2), for facilitating this infringement. While the court granted an injunction in favor of Kent Ro Systems against the manufacturer, it ultimately declined to impose proactive screening or vigilance duties on the e-commerce intermediary, citing that such a requirement would be an unreasonable interference with its business rights.
Atul Narsibhai Patel v.The Assistant Controller Of Patents & Designs & Ors.
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.
M/S Maya Appliances Private Limited v.Butterfly Gandhimathi Appliances Ltd.
M/S Maya Appliances Private Limited filed applications seeking temporary injunction against Butterfly Gandhimathi Appliances Ltd., alleging infringement of a registered design and passing off. The Madras High Court examined the claims under the Designs Act, 2000, and found that the petitioner's design did not satisfy the necessary legal tests in this context. Consequently, the court dismissed the applications for temporary injunction but directed both parties to file relevant documents and monthly sales statements as part of the ongoing suit.
Apl Apollo Tubes Ltd. v.Surya Roshni Limited
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.
Mandev Tubes Pvt. Ltd v.Kalpesh R. Jain And 2 Ors
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.
Reckitt Benckiser Australia Pty. Ltd. v.Controller Of Patents And Designs & Ors.
The appeal challenged the Controller's order dated March 28, 2008, which cancelled three design registrations (184135, 184136, and 184137) belonging to Reckitt Benckiser. The appellant argued that the cancellation proceedings were flawed due to denial of cross-examination. However, the High Court dismissed the appeals, finding no violation of natural justice and upholding the Controller's decision.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
The appellant challenged the registration of Design No. 180660 ('Container Lid'), arguing that it was neither new nor original, having been previously registered (Design Nos. 177677 and 177678) and prior published in 1997. The respondent argued that Design No. 180660 possessed distinct features making it novel compared to the earlier designs. The High Court upheld the lower authority's finding, concluding that Design 180660 was new and original.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
Yash Plastomet Pvt. Ltd. appealed the dismissal of its application to cancel Design No. 187706 (a 'Container'). The appellant argued that the design was not new because it had been previously published in October 1997 and registered earlier. The High Court dismissed the appeal, upholding the Controller's order, finding no sufficient evidence of prior publication or novelty.
Ok Play India Limited v.Mayank Aggarwal & Ors
Ok Play India Limited filed a suit alleging infringement of its intellectual property rights—including trademark 'OK PLAY', copyrights in drawings, and common law design rights—against several defendants for manufacturing and selling deceptively similar toys. The core legal dispute revolved around whether the plaintiff could assert IP rights over their toy designs without formal registration under the Designs Act. The court ultimately ruled that since the plaintiff had not obtained design registration, they were unable to secure interim injunctions against the alleged infringement.
M/S. Selvel Industries v.M/S. Om Plast (India)
The plaintiffs, M/S. Selvel Industries and M/S. Sears Industries, filed a Notice of Motion seeking interim relief in an infringement action against M/S. Om Plast (India). The dispute centered on whether the defendant's plastic container infringed upon the registered designs held by the plaintiffs. The court found that the defendant's product was deceptively similar to and infringed the plaintiffs' design.
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