India Design Cases
274 decisions indexed
Page 7 of 10 · 274 total
M/S Metal Impacts Pvt Ltd v.M/S Impact Metals Pvt Ltd
The dispute involved a registered design for easy open end lids used in aluminum containers. The defendant challenged the registration, arguing that the design was not new or original, had been publicly disclosed globally long before the filing date, and was based on an invention by Mr. Ermal Fraze. The court found that the plaintiff suppressed material facts regarding the global prior art and lack of novelty/originality.
Veeplast Houseware Private Ltd v.M/S Bonjour International & Anr
The plaintiff, Veeplast Houseware Private Ltd, claimed that the defendant was infringing its registered design (Design No. 194990) used on water jugs sold under 'Nayasa'. The plaintiff sought an injunction and damages against the defendant, M/S Bonjour International & Anr, who contested the novelty of the design. The court found prima facie evidence of infringement and restrained the defendant from using the impugned design.
Anchor Health And Beauty Care Pvt. Ltd v.The Controller Of Patents And Designs & Another
The appellant filed an appeal challenging the Controller's dismissal of its application to cancel several registered toothbrush designs. The appellant argued that these designs lacked novelty, were prior published, or were merely functional/trade variants. The High Court dismissed the appeal, finding that design 176343 was original and new based on its unique combination of shape, configuration, ribs, and etchings.
Anchor Health And Beauty Care Pvt. Ltd. v.The Controller Of Patents And Designs & Another
The appellant filed an appeal seeking cancellation of several registered toothbrush designs, arguing they lacked originality, were mere trade variations, or were prior published. The respondent argued that the designs possessed novelty in their shape and configuration, particularly when combined, and that the Controller's original finding was correct. The High Court dismissed the appeal, upholding the registration.
Anchor Health And Beauty Care Pvt. Ltd. v.The Controller Of Patents And Designs & Another
The appellant challenged the Controller's decision to uphold the registration of several toothbrush designs, arguing they lacked novelty and were merely trade variants. The court found that certain registered designs were not original or new, particularly when compared to earlier published designs, leading to the setting aside of the Controller's order.
Lucky Exports v.The Controller Of Patents & Designs & Ors.
Lucky Exports appealed against the rejection of its application for cancellation of a registered design. The appellant argued that the design was prior published, evidenced by sales and advertisements from 2003-2005. The High Court set aside the Controller's order due to non-appreciation of material evidence and remanded the matter back to the Controller for consideration of merits.
Lucky Exports v.The Controller Of Patents & Designs & Ors.
Lucky Exports appealed a rejection order by the Controller of Patents, challenging the decision that its registered design could not be cancelled. The appellant argued that the design had been prior published and that the Controller failed to consider crucial evidence from a suit filed in Ludhiana. The High Court set aside the Controller's order due to non-appreciation of materials and remanded the matter for further consideration.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents and Designs & Anr.
M/S. Nikhil Adhesives Ltd. appealed against an order by the Assistant Controller of Patents and Designs that allowed a cancellation application for their registered design. The core issue was whether the design, which was created while Mr. Saraswat (a director) was employed with the appellant company, could be considered prior publication when he later used it for his respondent company.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents and Designs & Anr.
M/S. Nikhil Adhesives Ltd. appealed against an order by the Assistant Controller of Patents and Designs that allowed a cancellation application under Section 19 of the 2000 Act. The appellant argued that the design was created while its director, Mr. Saraswat, was employed with them, making the subsequent use by his new company improper.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents and Designs & Anr.
M/S. Nikhil Adhesives Ltd appealed against an order by the Assistant Controller of Patents and Designs that allowed a cancellation application under Section 19 of the 2000 Act. The appellant argued that the design was created during the employment of Mr. Chandresh Santosh Kumar Saraswat, who later joined the respondent company. The High Court set aside the Controller's order, finding that the prior publication ground was not properly considered.
M/S.Avanti Overseas Pvt. Ltd. v.M/S. Arjan Impex Pvt. Ltd. & Anr.
M/S. Avanti Overseas Pvt. Ltd. appealed against an order passed by a learned single Judge refusing to condone the delay in filing an application for restoration of an appeal under Section 36 of the Designs Act, 2000. The High Court dismissed the appeal, holding that the impugned order was not appealable before the Division Bench.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents And Designs & Anr.
M/S. Nikhil Adhesives Ltd. challenged the order dated 30th June, 2010, which cancelled their registered design citing prior publication. The court found prima facie grounds to warrant a stay of this cancellation order.
M/S. Nikhil Adhesives Ltd. v.The Assistant Controller Of Patents And Designs & Anr.
M/S. Nikhil Adhesives Ltd. challenged the cancellation of its registered design by The Assistant Controller Of Patents And Designs & Anr., which was based on alleged prior publication. The High Court found the basis for this finding questionable and granted a stay on the impugned order.
M/S. Nikhil Adhesives Ltd v.The Assistant Controller Of Patents And Designs & Anr.
M/S. Nikhil Adhesives Ltd challenged the order dated June 30, 2010, which sought to cancel a registered design due to alleged prior publication. The court found that the basis for this finding was questionable.
Jyoti Jiten Bhatt Trading as Personal Care Systems v.Controller Of Patents And Design & Ors.
The appellant challenged the cancellation of their registered design, which had been cancelled based on a finding of prior publication. The respondents argued that the design was not new or original as it existed in the public domain since 1990. The High Court allowed the appeal, holding that no evidence of prior publication regarding the pattern on the underside of the product was produced before the adjudicating Authority.
Jyoti Jiten Bhatt Trading As Personal Care Systems v.Controller Of Patents And Design & Ors.
The appellant challenged the cancellation order of their registered design (No. 191896) passed by the Assistant Controller. The core dispute revolved around whether prior publications invalidated the design's originality. The court found that the registered design was at variance with the evidence produced regarding prior publication, thus upholding its validity.
Schreder S.A. v.Trilok Chand & Sons Pvt. Ltd.
Schreder S.A., the registered proprietor of Design No. 182346 for a lighting apparatus ('Alura'), filed suit against Trilok Chand & Sons Pvt. Ltd. The court examined a catalogue found in the defendant's premises, which displayed a product named VENICE HYT-01. Based on a comparison with the registered design, the court found that the design of VENICE HYT-01 was identical to and an imitation of the plaintiff's protected design.
Reckitt Benckiser (India) Ltd. v.Wyeth Limited
The appeal challenged the Single Judge's order which vacated the interim injunction granted to Reckitt Benckiser, allowing Wyeth Limited to proceed despite allegations of infringement of a registered S-shaped spatula design. The core dispute revolved around whether prior registration and publication of the design in foreign countries (UK, USA, Australia) could serve as a valid defense against the infringement claim under Indian law.
Lucky Exports v.The Controller Of Patents And Designs and Ors.
Lucky Exports appealed against the rejection of its application for cancellation of a design registration (Coaster Brake Hub). The appellant argued that the respondent's design was not novel because advertisements were published publicly before the registration date. The court found merit in this argument, noting the prior public disclosures.
Lucky Exports v.The Controller Of Patents And Designs and Ors.
Lucky Exports appealed against the rejection of its application for cancelling a design registration held by respondents. The core issue was whether the registered design, Coaster Brake Hub, was novel, considering advertisements published prior to the registration date. The court found that the prior advertisements proved disclosure before the application date.
Britannia Industries Ltd v.The Deputy Controller Of Patents & Designs & Anr.
Britannia Industries Ltd appealed an order from the Deputy Controller of Patents and Designs regarding the cancellation of a registered biscuit packet design. The appellant argued that the design lacked novelty due to prior publication in magazines and a textbook, which the Deputy Controller failed to consider.
Britannia Industries Ltd v.The Deputy Controller Of Patents & Designs & Anr.
Britannia Industries Ltd appealed an order from the Deputy Controller of Patents and Designs regarding the cancellation of a registered biscuit packet design. The appellant argued that the design lacked novelty due to prior publication in magazines and a textbook, which the Deputy Controller failed to consider during the initial proceedings.
M/S Godrej Sara Lee Limited v.Reckitt Benckiser Australia Pty.Ld.
The appeal challenged the Delhi High Court's decision regarding its jurisdiction to entertain appeals against orders passed by the Controller of Patents and Designs, Kolkata, which cancelled several registered designs for 'Insecticide Coil'. The Supreme Court held that since the cause of action arose in Kolkata (where the cancellation occurred), the Calcutta High Court, not the Delhi High Court, had the proper jurisdiction.
G.M.Pens International Limited v.Ramesh Kumar Jain
G.M.Pens International Limited filed a suit seeking injunction against respondents for committing piracy of their registered design (No. 186574) concerning their '045 SMARTGRIP' pens, which were allegedly imitated by the defendants' 'BITCO FINGER' pens. The case reached the Madras High Court via Civil Revision Petitions challenging an order that allowed discovery and interrogatories to the petitioner. The High Court ultimately set aside this order, emphasizing that the trial judge must judiciously assess whether such tools are necessary and not merely a shortcut to prove the case.
Reckitt Benckiser (India) Ltd v.Wyeth Limited
The dispute concerned an interim injunction sought by Reckitt Benckiser against Wyeth Limited for alleged infringement of their registered design for a 'perfect touch' spatula used with Veet hair removal cream. The court examined whether the design was novel, finding prima facie evidence that the design had been published abroad prior to its Indian registration date.
Reckitt Benckiser (India) Ltd v.Wyeth Limited
The suit concerned the infringement of Reckitt Benckiser's registered design for an S-shaped spatula used with its Veet hair removal cream. The defendant challenged the validity of this registration, arguing that the design was published abroad prior to the Indian filing date. The court found prima facie evidence that the design had been publicly available before 05.12.2003.
Dabur India Ltd. v.Amit Jain & Anr.
Dabur India Ltd. appealed the dismissal of its application seeking interim injunction against Amit Jain and others who were manufacturing and selling hair oil products in bottles and caps deceptively similar to Dabur's registered designs. The core dispute revolved around infringement of registered industrial designs for packaging, specifically concerning whether foreign registrations could be used to challenge the novelty of the Indian design.
Parle Products Private Limited v.Surya Food & Agro Limited
Parle Products Private Limited appealed a single judge's order that revoked its leave to sue against Surya Food & Agro Limited. Parle alleged that Surya was pirating its registered biscuit packet designs, which were protected under the Designs Act, 2000. The lower court had denied leave based on jurisdictional concerns and lack of proof of sales within its area. However, the Madras High Court set aside this order, holding that since the suit involved questions of difficulty and importance, these matters could not be decided merely in an application to revoke leave.
C. A. Polytech Pvt. Ltd. v.Controller Of Patents And Designs & Ors.
The petitioner challenged an order passed by the Assistant Controller of Patents and Designs. The court found that there was no delay in filing the appeal, making it admissible under the Designs Act, 2000. Consequently, the court admitted the appeal and stayed certain conflicting observations made previously.
Troikaa Pharmaceuticals Ltd. v.Pro Laboratories (P) Ltd. And Anr.
Troikaa Pharmaceuticals Ltd. filed a civil suit seeking permanent injunction against Pro Laboratories (P) Ltd. for infringing its registered design of a D Shape Tablet. The plaintiff claimed that the defendant was manufacturing and marketing tablets with identical shape and configuration, thereby exploiting the unique aesthetic innovation protected under the Designs Act, 2000. After considering the prima facie case, balance of convenience, and irreparable injury, the court granted temporary injunctions to protect the registered design.
Protecting your design rights?
Design disputes move fast. Arctic's IP team specializes in interim relief, design invalidation, and cross-border enforcement strategies.