India Design Cases
274 decisions indexed
Page 9 of 10 · 274 total
Prayag Chand Agarwal v.M/S Mayur Plastics Industries
The plaintiff sought an interim injunction against the defendant for alleged infringement of their registered shoe design (No. 168908). The defendant argued that the design was not original, had been prior published by a sister concern, and that they were manufacturing similar goods earlier. The court found that the plaintiff failed to establish a prima facie case due to evidence of prior publication.
R. Doraiswamy, Prop. Santha v.Integrated Engineering Industries And ...
The plaintiff, engaged in manufacturing wet grinders, claimed exclusive rights over their novel 'TILTING TYPE' grinder design, which was registered. The suit alleged infringement by defendants who were producing similar grinders. However, the court found that evidence showed similar designs were already in use and published prior to the registration date.
Sardar Jaswant Singh v.M/S. Daya Industries And Another
Sardar Jaswant Singh appealed against the dismissal of his application (IA 1188/91) filed to set aside an earlier order where the design registration was cancelled by M/s. Daya Industries. The cancellation petition argued that the design for heat convectors was not new or original and had prior publication. The High Court ultimately dismissed the appeal, finding that the appellant failed to demonstrate sufficient cause for his prolonged absence.
Indo Asahi Glass Co. Ltd. v.Jai Mala Roller Glass Ltd.
The plaintiff, Indo Asahi Glass Co. Ltd., sought a temporary injunction against Jai Mala Roller Glass Ltd. for infringing its registered design 'KONOHA'. The court examined the issue of infringement versus the principle that if both parties possess valid registrations, neither can be granted an injunction to enforce priority.
National Trading Co. v.Monica Chawla
The petitioner filed a petition seeking the cancellation of Design No-163216 registered in Monica Chawla's name. The petitioner claimed that the design for 'Baby Bouncer' was already published prior to its registration date. The court found that the respondent admitted using and propounding the design since 1987, which predated the 1991 registration.
Monika Chawla v.National Trading Company
Monika Chawla, as sole proprietor of Kiddie Kraft, filed a suit for permanent injunction against National Trading Company for passing off and pirating her design of baby bouncer. The defendant challenged the existing interim injunction by claiming prior use and superior rights through assignment/registration.
Stup Consultants Ltd. v.Central Board Of Direct Taxes And Others
Stup Consultants Ltd. challenged the Central Board of Direct Taxes' refusal to approve agreements under Section 80-O of the Income-tax Act, 1961. The Board had rejected these applications by citing Section 80HHB(5), arguing that the agreements involved supply of designs for construction projects. The Bombay High Court ruled that the CBDT must examine the application strictly based on the criteria of Section 80-O (i.e., income from patent/design use outside India in convertible foreign exchange) and should not automatically disqualify it under Section 80HHB, thereby vitiating the Board's previous orders.
Bansal Plastic Industries v.Neeraj Toys Industries And Anr.
Bansal Plastic Industries filed an application seeking a temporary injunction against Neeraj Toys Industries and others for infringing its registered design of a 'Toy Horse'. The plaintiff claimed the defendant's design was identical/similar. However, the court found no justification for granting the injunction, noting differences in the shape and configuration of the horse's head.
Ravinder Kumar Gupta v.Ravi Raj Gupta And Ors.
Ravinder Kumar Gupta filed a petition seeking cancellation of Design No. 150873, which was registered by Ravi Raj Gupta for glass tiles. The petitioner argued that the design lacked novelty and had been published prior to registration. The court examined whether the change from sharp corners to rounded corners constituted an original or inventive design.
Tata Oil Mills Co. Ltd. v.Lokenath Chemical Works
Tata Oil Mills Co. Ltd. filed a suit seeking an injunction against Lokenath Chemical Works for infringing its registered bottle/container design (No. 94985). After negotiations, the parties reached a settlement agreement which was accepted by the plaintiff in toto. The court held that this acceptance created a binding contract.
Tobu Enterprises (P) Ltd. v.Joginder Metal Works And Anr.
The plaintiff sued for permanent injunction against infringement of two registered designs (mini bike tricycle) and for rendition of accounts. The defendants challenged the court's jurisdiction to grant relief outside the scope of the Designs Act, particularly regarding accounts and passing off. The court held that it has jurisdiction and the suit is maintainable.
Niki Tasha India Pvt. Ltd. v.Faridabad Gas Gadgets Pvt. Ltd.
The plaintiffs filed a suit seeking permanent injunction against the defendants for allegedly infringing their registered design (Kitchenette) for a gas cooking range. The court examined whether the defendant's product (Navjyoti) was a fraudulent imitation and if the plaintiff had established a prima facie case for an interim injunction.
Meena Match Industries v.The Wimco Limited
This case involved a dispute over the validity of Design No. 146498, registered by Wimco Limited for their match boxes. Meena Match Industries challenged this registration, arguing that the pattern was neither new nor original and had been publicly known prior to Wimco's application date. The court examined evidence of pre-publication and found that the design lacked novelty. Consequently, the court ordered the cancellation of the registered design and dismissed Wimco's infringement suit.
B. Chawla & Sons v.Bright Auto Industries
B. Chawla & Sons sought to protect its registered design for rear view mirrors (No. 139585). Bright Auto Industries challenged this registration, arguing that the design lacked novelty and originality as it was common in the market. The court examined whether a further curve on the sloping upper length side constituted substantial novelty.
K. Gian Chand Jain & Co. v.Girdhari Lal Gupta
The dispute involved two appeals challenging an order regarding the jurisdiction of the Delhi High Court to entertain applications for cancellation of design registrations. The respondents argued that only the Calcutta High Court had exclusive jurisdiction because the register was maintained there. The Full Bench held that any High Court in India could entertain such an application.
Brighto Auto Industries v.Raj Chawla (Messrs B.Chawla & Sons)
Brighto Auto Industries filed a petition to cancel the design registration (No. 139585) held by Raj Chawla's firm for rear view mirrors, arguing that the design lacked novelty and originality as it was common in the market. The court examined whether the minor modification made by the respondent constituted a new or original design.
Western Engineering Company v.America Lock Company
Western Engineering Company held a registered design for a horse-shoe shaped cycle lock. America Lock Company also obtained a similar design registration. Western Engineering Company sued America Lock Company for infringement, claiming the latter copied its design. The court analyzed both designs to determine if they were original or merely trade variants.
Ampro Food Products v.Ashoka Biscuit Works And Ors.
Ampro Food Products filed a suit for permanent injunction against Ashoka Biscuit Works for piracy of its registered biscuit design ('AF'). The lower court refused the temporary injunction, arguing that the design was not new or original and that it should be treated as a trademark. The High Court allowed the appeal, holding that the defense of non-originality is precluded when an express remedy for cancellation exists under the Designs Act, and clarified the difference between design rights and trademark rights.
Western Engineering Co. v.Paul Engineering Co.
The petitioner applied for the revocation of the respondent's cycle lock design (No. 127199) under Section 51-A of the Indian Patents and Designs Act, 1911. The petitioner argued that their earlier registered design (No. 125728) was prior art and that the respondent's design lacked novelty or originality. After examining the designs, the court found sufficient similarity to allow the application.
A.P.K. Narayanaswami Chettiar Firm v.V.K. Perumal Chettiar And Sons
The revision was filed against an order by the District Judge, Salem, which directed the transfer of a suit for piracy of a registered design to the High Court. The court held that since the dispute related only to a design (covered under Part II of the Act), and not a patent, the provisions allowing transfer of patent infringement suits were inapplicable. Consequently, the order of transfer was set aside.
A.P.K. Narayanaswami Chettiar Firm v.V.K. Perumal Chettiar And Sons
The petitioner filed a suit for piracy of a registered design in the District Court. The District Judge attempted to transfer this suit to the High Court, citing provisions applicable to patent infringement suits. The Madras High Court held that since the dispute related solely to a design (Part II of the Act), the provisions governing patent transfers were inapplicable, and thus the order of transfer was without jurisdiction.
The Pilot Pen Co. (India) Private Ltd. v.The Gujarat Industries Private Ltd.
The Pilot Pen Co. sued several defendants alleging unlawful infringement and piracy of its registered fountain pen clip design (No. 101410). The defendants argued that the design was common, lacked novelty, or that the suits were not maintainable. The Court found that the clip design lacked originality and was a common type, leading to the dismissal of the plaintiff's suit.
The Kohinoor Mills Co. Ltd. v.Vijay Bharat Thread Mills (India)
The petitioner, proprietor of the 'Sadhu' trade mark for yarn and thread, filed a petition seeking cancellation of the respondents' 'Sanyasi' design registration (No. D 82466). The core issues were the court's jurisdiction and whether the design was new or original. The Court ultimately cancelled the design registration.
Dwarkadas Dhanji Sha v.Chhotalal Ravicarandas And Co.
The plaintiffs claimed ownership of a registered textile design and sued for infringement. The defendants argued that the design was previously published and therefore invalid. The court addressed whether the registration certificate is conclusive proof of originality or if prior publication could be raised as a defense.
The Calico Printers Association v.Ahmed Abdul Karim Bros., Limited
The Calico Printers Association sued Ahmed Abdul Karim Bros., Limited for infringing their two registered textile designs through the import and sale of imitation printed goods. Although the defendants admitted to innocent infringement, they offered a settlement including payment of profits (Rs. 199). The court ultimately granted an injunction in favor of the plaintiffs and awarded damages equal to the admitted profits.
The Calico Printers Association v.Mitsubishi Shoji Kaisha Limited
The Calico Printers Association sued Mitsubishi Shoji Kaisha Limited for infringing a registered textile design. The core legal issue was whether the defendants were joint tortfeasors with an intermediary, Mustak & Co., and whether the acts constituting infringement occurred within British India. The court ultimately allowed the appeal and granted an injunction.
The Calico Printers Association v.Savani And Co.
The Calico Printers Association sued Savani And Co. for infringing their registered textile design used on saries. The plaintiffs alleged that the defendants imported Japanese prints whose borders were identical to or an obvious imitation of the plaintiff's protected design. The court found in favor of the plaintiffs, granting a decree for infringement.
Calico Printers Association Ltd. v.Savani And Co.
The plaintiffs, registered proprietors of a textile design for printing saries, sued the defendants for importing and selling Japanese prints whose borders were identical to their registered design. The court found that the plaintiffs' design was new and original, establishing their exclusive rights in British India.
The Calico Printers Association v.Gosho Kabushiki Kaisha Limited
The Calico Printers Association sued Gosho Kabushiki Kaisha Limited for importing and selling goods bearing a registered design that was identical to or imitated their protected design without license. The core legal issue revolved around whether the plaintiffs were bound by the statute (Indian Patents and Designs Act, II of 1911) to elect between specific remedies: account of profits, damages, or a fixed sum of Rs. 1,000.
Mohammad Abdul Karim v.Mahammad Yasin
The plaintiff sued for injunction and damages, claiming exclusive rights over a registered brass tray design (Design No. 43516). The defendants claimed that the design lacked novelty and that the plaintiff was not the true proprietor or author of the design, having learned it from others.
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