Industry Sector

Medical_Devices — India Design Cases

4 decisions indexed

Page 1 of 1 · 4 total

design interim order · Feb 26, 2019

Senthilkumar Ramamoorthy J v.Unknown

Madras High Court · O.A.Nos.41 & 42 of 2022 in C.S.(Comm. Div) No.14 of 2022

The Applicants sought an interim injunction restraining the Respondent from infringing their registered designs of operating tables and accessories, and from passing off the Respondent's products as theirs. The Respondent argued that the designs were not new and had been in use for decades. The Court ultimately disposed of the Original Applications on terms requiring the Respondent to maintain and submit quarterly accounts related to the sale of similar products.

design interim order · Feb 26, 2019

Senthilkumar Ramamoorthy J v.Unknown

Madras High Court · O.A.Nos.41 & 42 of 2022 in C.S.(Comm. Div) No.14 of 2022

The Applicants sought an interim injunction restraining the Respondent from infringing their registered designs of operating tables and accessories, and from passing off the Respondent's products as theirs. The Respondent argued that the designs were not novel and had been in public use for decades. The Court found that while the balance of convenience was not clearly in favor of granting injunctive relief immediately, it directed the Respondent to maintain detailed quarterly accounts regarding sales and profits of similar products.

design defendant favorable · May 19, 2011

Anchor Health And Beauty Care Pvt. Ltd. v.The Controller Of Patents And Designs & Another

Calcutta High Court · AID No.8 of 2008

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.

design remanded · Oct 8, 2010

Reckitt Benckiser (India) Ltd. v.Wyeth Limited

Delhi High Court · FAO(OS) No. 458/2009

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.

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