Industry Sector

Automotive — India Design Cases

10 decisions indexed

Page 1 of 1 · 10 total

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 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 remanded · May 17, 2011

Lucky Exports v.The Controller Of Patents & Designs & Ors.

Calcutta High Court · AID No. 6 of 2010

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.

design remanded · May 17, 2011

Lucky Exports v.The Controller Of Patents & Designs & Ors.

Calcutta High Court · AID No. 7 of 2010

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.

design plaintiff favorable · Apr 29, 2008

Falcon Tyres Limited v.TVS Srichakara Tyres Limited

Madras High Court · O.S.A.NO.287 OF 2006

Falcon Tyres Limited appealed against an absolute ad-interim injunction granted by the single judge, which restrained them from selling tyres with tread patterns similar to Falcon's Dragon tyre. The High Court allowed the appeal, finding that the designs of the two tyres were conspicuously different and that the single judge had improperly considered passing off instead of design infringement.

design defendant favorable · Nov 24, 2005

International Tractors Ltd. v.Punjab Tractors Ltd.

Delhi High Court · CS(OS) No. 858/1999 (referenced)

International Tractors Ltd. filed a suit seeking permanent injunction against Punjab Tractors Ltd. for infringing copyright and breaching exclusive license rights regarding tractor designs and know-how. The plaintiff subsequently sought to amend the plaint to include claims related to confidential information/trade secrets, expanding the scope of protection to 20 HP tractors based on subsequent assignment deeds.

design defendant favorable · Aug 6, 2002

Pravinbhai Jagjivandas Mehta v.Officine Lovato S.P.A.

Gujarat High Court · 2002(25)PTC398(GUJ)

The appellant filed suits alleging that the respondents were infringing five specific designs related to CNG/LPG converters for automobiles. The appeal challenged the Single Judge's rejection of the application for an interim injunction, which had previously been granted ex-parte.

design defendant favorable · Nov 21, 1980

B. Chawla & Sons v.Bright Auto Industries

Delhi High Court · null

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.

design plaintiff favorable · Dec 24, 1976

Brighto Auto Industries v.Raj Chawla (Messrs B.Chawla & Sons)

Delhi High Court · null

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.

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