Mechanical — India Design Cases
22 decisions indexed
Page 1 of 1 · 22 total
Thermo Electrics Madras Manufacturing v.P.R.Gopalakrishnan
Plaintiffs filed a civil suit seeking permanent injunction against the defendants for committing piracy through fraudulent imitation of four registered designs (No. 193288, 193289, 193290, 193291) related to Extraction and Heating Mantles. The plaintiffs alleged that the first defendant had access to their trade secrets and designs during his employment with the second plaintiff, leading to unauthorized imitation.
Paresh Ajitkumar Kapoor v.Controller Of Patents And Designs And Ors.
The appellant, Paresh Ajitkumar Kapoor, appealed against an order by the Deputy Controller cancelling his registered design for an Air Cooler (No. 233559) based on alleged prior publication in China. The appeal contended that the cancellation relied only on insufficient evidence from the CNIPA website and ignored previous rejections of similar claims. The High Court set aside the impugned order and remanded the matter for fresh adjudication.
The Raring Corporation And Anr v.Neogie Engineering Works Pvt Ltd
The petitioners sought interim protection against the respondent for copying their registered design, 'Sonic Nozzle', which is an essential component of their dust suppression system. The dispute centered on whether the respondent's product infringed the petitioner's protected shape and configuration, or if the design was purely functional and therefore unprotectable.
M/S Mold Tech Packaging Limited v.S.D. Container Proprietor Patwari
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.
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.
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.
R.N. Gupta & Co. Ltd. Jasola New Delhi v.M/S Action Construction Equipments Ltd. Dudhola & 3 Others
The appeal challenged an order from the Additional District Judge which granted an interim injunction restraining the defendant-appellant from manufacturing and selling registered designs for tower cranes. The appellant argued that since a ground under Section 19 of the Designs Act, 2000 was raised as a defense, the suit must be transferred to the High Court under Section 22(4).
Symphony Ltd v.Wim Plast Ltd & 2
Symphony Ltd filed a suit seeking permanent injunction against the piracy of its registered designs for Air Coolers. The defendants were accused of marketing and selling products with identical design, shape, and configuration. The court found that a prima facie case was made out in favor of the plaintiff, leading to the continuation of the interim relief.
Atlas Plastic v.C G Enterprise
Atlas Plastic filed a civil suit seeking declaration and permanent injunction against C G Enterprise for infringement of its registered designs. Atlas Plastic subsequently filed an application seeking to amend its plaint to incorporate details regarding the cancellation petition status of one of the defendant's impugned designs.
M/S Manoj Selas And Locks v.The Bihar State Electricity Board
M/S Manoj Selas And Locks challenged an order that blacklisted them for two years and forfeited their Bank Guarantee after they were rejected from a tender. The dispute centered on whether the petitioner possessed a valid design certificate (Design No. 198589) required by the Board, which the Board disputed.
Bajaj Holdings & Investments Ltd. v.Assessee
The appeal challenged the assessment order upholding that payments made by Bajaj Holdings & Investments Ltd. to Xennia Technology Ltd. for developing inkjet printers and inks were royalty/fees for technical services, subject to TDS at 15%. The Tribunal examined the agreement and found it involved technology transfer and IP ownership rights, thus confirming the payment was not merely a purchase of machinery.
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.
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.
Tapria Tools Limited v.Eastman Cast And Forge Limited
Tapria Tools Limited filed a notice of motion seeking an injunction against Eastman Cast And Forge Limited for pirating and infringing its registered designs (Nos. 167097 and 178415) related to adjustable wrenches and plier sleeves. The plaintiffs argued that the defendant's products were fraudulent imitations, while the defendants claimed lack of novelty and common usage. The court found a strong prima facie case in favor of the plaintiffs.
Polymer Papers Ltd. v.Mr. Gurmit Singh And Ors.
Polymer Papers Ltd. filed a suit seeking permanent and mandatory injunction against its former employees (Defendants) alleging that they misappropriated the company's trade secrets, know-how, and proprietary designs of filter manufacturing machines to establish competing businesses. The core dispute centered on whether these unregistered industrial drawings qualified as protectable copyright or design.
Rotela Auto Components (P) Ltd. v.Jaspal Singh And Ors.
The plaintiffs sought perpetual injunction against infringement and passing off related to their registered lock designs. The defendants argued that the design was previously published in various magazines and lacked novelty or originality. The court ultimately vacated the interim injunction, finding that due to prior publication, the design could not claim protection.
S.S. Products Of India v.Star Plast
S.S. Products Of India filed a suit for permanent injunction against Star Plast, alleging infringement of their registered air pump design (No. 176150). The defendant contested the suit by pointing out that they also held a valid registration (No. 182208) and challenging the court's jurisdiction.
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.
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.
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.
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