Other — India Design Cases
99 decisions indexed
Page 2 of 4 · 99 total
Pentel Kabushiki Kaisha v.M/s Arora Stationers
Pentel Kabushiki Kaisha filed suit against M/s Arora Stationers alleging fraudulent imitation of its registered pen design (Design No. 263172). The respondents challenged the validity and novelty of Pentel's design, claiming it was a combination of known designs. However, the High Court ruled in favor of Pentel, emphasizing that since the respondents themselves had applied for registration of a similar design, they could not simultaneously argue against its originality. Consequently, the court found a prima facie case of piracy and granted an interim injunction restraining the respondents from marketing the infringing product.
M/S Crocs Inc Usa v.M/S Bata India Ltd & Ors
Crocs Inc filed multiple suits alleging infringement of its registered designs (No.197685 and No.197686) by various defendants, including Bata India Ltd. Crocs claimed exclusive rights over the unique shape and pattern of its footwear designs, supported by extensive global trade and goodwill. The present appeal challenged the dismissal of Crocs' applications in these pending suits. However, the High Court dismissed the appeals, directing that all related suits be listed together for further proceedings.
Mahesh Gupta v.Dheeraj Kumar
This order in CS(COMM) 341/2017 addresses allegations of design infringement concerning the 'AQUA GRANDE' water purifier. Despite the defendants claiming they had stopped using the impugned trademark, the court noted evidence showing the sale of the infringing product through a third party, Mannat Electronics. Consequently, the court directed the defendants to file an affidavit clarifying their connection with this seller and detailing their sales turnover for the financial year 2018-19.
M/S VAJRA PLASTICS INDUSTRY v.M/S VARSHA POLYMERS
This appeal addressed allegations of design infringement concerning PVC rainwater gutters. The plaintiffs claimed their unique 'Euro Guard' gutter design was copied by the defendants' 'Varsha Square Gutter'. Although the plaintiffs held a valid design certificate, the High Court found it difficult to sustain the lower court's injunction order. The court ultimately set aside the temporary injunction while directing both parties toward expedited trial proceedings.
Pentel Kabushiki Kaisha v.M/S Arora Sationers
This case involves a dispute over design rights concerning a pen. The defendants filed an application seeking to amend their written statement, claiming that they had subsequently received a Certificate of Registration for Design No. 282909 in Class 19-06. The plaintiffs opposed the amendment, arguing it was mutually destructive and that the trial had already commenced. However, the court allowed the amendment, finding that the registration was a subsequent development and not fundamentally contradictory to the earlier pleas.
Shree Vari Multiplast India Pvt. Ltd v.Deputy Controller Of Patents & Designs
The petitioner challenged the registration of Design No. 242843 (Sunday Chair) on grounds that it lacked novelty or originality as it resembled known designs. The respondent argued that the design was unique, aesthetically pleasing, and distinct from prior art. The High Court upheld the Deputy Controller's order, finding the registered design to be novel and original.
M/S.Maya Appliances Pvt Ltd. v.Preethi Kitchen Appliances Pvt Ltd.
This appeal involved a dispute over the alleged infringement of a registered design for a mixer grinder base unit. The appellant, M/S. Maya Appliances Pvt Ltd., challenged an order that had granted an injunction against them based on copyright infringement. The court examined both designs side-by-side and found no substantial similarities, noting distinct differences in shape and configuration between the two tripod bases. Consequently, the appeals were allowed, setting aside the previous interim orders.
M/S Manibhadra Plastic Industries v.M/S Pearl Thrmoplast Pvt. Ltd.
M/S Manibhadra Plastic Industries filed a suit for permanent injunction alleging violation of its registered design (No.245-249) concerning a 'Jug'. The defendant challenged the suit, arguing that the court lacked territorial jurisdiction as their primary business operations were outside Jodhpur. However, the High Court ruled in favor of the plaintiff, holding that since the infringement and sale of the goods occurred within the court's jurisdiction (Jodhpur), part of the cause of action arose there, thereby establishing the court's competence to hear the matter.
Kalpesh R Jain And 2 Ors v.Mandev Tubes Private Limited
Mandev Tubes Pvt. Ltd. filed a commercial suit alleging that Hariom Metals & Tubes (the appellants) infringed its registered design for copper tubes, specifically claiming imitation of the unique bell-shaped ending. The plaintiff asserted substantial goodwill and market presence under trademarks like 'MT ECO SELF CONNECT'. However, the Bombay High Court dismissed the appeal filed by the defendants, upholding the single judge's finding that the plaintiff had demonstrated a prima facie case of infringement and passing off.
Pentel Kabushiki Kaisha v.M/S Arora Stationers
Pentel Kabushiki Kaisha filed a suit alleging piracy of its registered design (No. 263172) for ball point pens against M/S Arora Stationers, seeking permanent injunctions and damages. The court was asked to consider an interim injunction application based on the alleged infringement under the Designs Act, 2000. However, the Court dismissed the application, finding that the plaintiffs failed to demonstrate substantial newness or originality in their design.
M & K Technologies v.Hi-Tech Carbons and Engineering Pvt. Ltd.
M & K Technologies filed a Civil Miscellaneous Appeal challenging the Deputy Controller's order cancelling design registration no. 190949. The appeal was subsequently dismissed by the High Court due to the appellant failing to appear and filing a memo stating there were no instructions.
Philco Industries & Ors. v.The Dy. Controller Of Patents & Designs & Anr.
Philco Industries challenged the registration of a bowl design (No. 205014), arguing that it lacked novelty as it was common in trade and had been previously sold by them. The Deputy Controller rejected this cancellation petition, finding no cogent evidence of prior publication or use. The Calcutta High Court upheld the Controller's decision, agreeing that Philco failed to discharge its onus of proving prior art, thereby affirming the design registration.
J & J Buildcon Pvt. Ltd. v.Controller Of Patents And Designs & Ors.
J & J Buildcon Pvt. Ltd. appealed against an order that proceeded with the cancellation of registered designs based on prior publication, despite a previous settlement between the parties. The court held that as between the settled parties, one is bound by their acknowledgement of ownership and validity.
J & J Buildcon Pvt. Ltd. v.Controller Of Patents And Designs & Ors.
J & J Buildcon Pvt. Ltd. appealed an order concerning the cancellation of registered designs. The core issue was whether a party could challenge the design's validity when there was a prior settlement agreement acknowledging the rights of the petitioner. The court held that between the parties, the settlement bound them, setting aside the impugned order.
Anuradha Doval v.The Controller Of Patents And Designs & Ors.
This appeal before the Calcutta High Court challenged the cancellation of a registered design for a 'Bottle Cap' (Design No. 222799). The private respondent argued that the shape and configuration were not new or original, citing prior published art documents, including magazine issues from 2009. The court ultimately upheld the Controller's decision, finding that the impugned design was substantially identical to existing publications and lacked novelty.
M/S. M. B. Exports Limited v.The Controller Of The Patents And Designs & Ors.
The petitioner, M/S. M. B. Exports Limited, approached the Calcutta High Court regarding an application for cancellation of Design No. 244214. The court directed the respondent (Controller) to produce all related proceedings within two weeks and adjourned the matter.
M/S. M. B. Exports Limited v.The Controller Of The Patents And Designs & Ors.
The petitioner, M/S. M. B. Exports Limited, filed a matter before the Calcutta High Court concerning an application for cancellation of Registered Design No. 244439. The court directed the respondent to produce the relevant proceedings and adjourned the matter.
M/S. M. B. Exports Limited v.The Controller Of The Patents And Designs & Ors.
The Calcutta High Court addressed an application concerning the cancellation of Registered Design No. 244215, which was filed by Jagdhir Sing, Proprietor of M/s. M.B. Machinery Corporation. The court directed the respondent to produce the relevant records within two weeks and adjourned the matter.
Som Distilleries And Breweries Ltd. v.The Controller Of Patents And Designs & Ors.
The Controller of Patents and Designs produced records regarding the application for cancellation of Design No. 223479 filed by Som Distilleries & Breweries Ltd. The court allowed both parties liberty to inspect the original records.
Itc Limited v.The Controller Of Patents And Designs & Ors.
ITC Limited challenged the registration of a cigarette pack design (No. 196859) by appealing to the Calcutta High Court, arguing that the design lacked novelty and was not registrable under the Designs Act, 2000. The petitioner contended that prior published designs rendered the registered design non-original. However, the court ultimately dismissed the appeal, finding no fundamental error in the Controller's assessment of the design's originality and noting significant delays by the appellant.
Krishna Plastic Industries v.Controller Of Patents And Designs & Ors.
Krishna Plastic Industries appealed against an order allowing the cancellation of its registered design for a 'plastic seal'. The High Court found that the Deputy Controller failed to properly examine and reason regarding the distinctive surface pattern, which was claimed as the source of novelty. Consequently, the court set aside the impugned order and remanded the matter for fresh consideration.
Atul Narsibhai Patel v.Assistant Controller Of Patents And Designs & Anr.
The petitioner appealed against the cancellation of Design No. 211639 (a seal for packaging). The Assistant Controller cancelled the registration finding that the design was not new or original because its features were strikingly similar to prior published and registered designs, specifically nos. 179570 and 205871.
Reckitt Benckiser Australia Pty. Ltd. v.Controller Of Patents And Designs & Ors.
The appeal challenged the Controller's order dated March 28, 2008, which cancelled three design registrations (184135, 184136, and 184137) belonging to Reckitt Benckiser. The appellant argued that the cancellation proceedings were flawed due to denial of cross-examination. However, the High Court dismissed the appeals, finding no violation of natural justice and upholding the Controller's decision.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
The appellant challenged the registration of Design No. 180660 ('Container Lid'), arguing that it was neither new nor original, having been previously registered (Design Nos. 177677 and 177678) and prior published in 1997. The respondent argued that Design No. 180660 possessed distinct features making it novel compared to the earlier designs. The High Court upheld the lower authority's finding, concluding that Design 180660 was new and original.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
Yash Plastomet Pvt. Ltd. appealed the dismissal of its application to cancel Design No. 187706 (a 'Container'). The appellant argued that the design was not new because it had been previously published in October 1997 and registered earlier. The High Court dismissed the appeal, upholding the Controller's order, finding no sufficient evidence of prior publication or novelty.
M/S. Selvel Industries v.M/S. Om Plast (India)
The plaintiffs, M/S. Selvel Industries and M/S. Sears Industries, filed a Notice of Motion seeking interim relief in an infringement action against M/S. Om Plast (India). The dispute centered on whether the defendant's plastic container infringed upon the registered designs held by the plaintiffs. The court found that the defendant's product was deceptively similar to and infringed the plaintiffs' design.
M/S Symphony Ltd v.M/S Summer Cool Home Appliances Pvt Ltd
M/S Symphony Ltd filed an application seeking to amend its plaint in a dispute concerning air cooler designs against M/S Summer Cool Home Appliances Pvt Ltd. The plaintiff sought to clarify discrepancies regarding the dates of use and registration for various registered design models, such as 'Sumo' and 'Winter'. The court examined whether these amendments were necessary for proper adjudication or merely an attempt to resile from previous admissions. Ultimately, the Delhi High Court allowed the amendment, finding that it served only to clarify existing pleadings without fundamentally altering the nature of the suit.
M/S. Bhatia Enterprises v.Sh. Subhash Arora
M/S. Bhatia Enterprises filed a suit alleging infringement of its registered design for a water jug (No. 235010). The court considered an application for a preliminary injunction, noting that the defendant had previously failed in its attempt to cancel the registration based on prior publication. Given that the plaintiff had a prima facie case and irreparable loss would occur without protection, the court granted the interim injunction.
Win Plast Ltd v.Symphony Ltd
Win Plast Ltd appealed an order passed in Civil Suit No. 2 of 2015 regarding alleged infringement of a registered design related to an air cooler. The appellant challenged the jurisdiction and the basis of the interim relief, arguing that the suit was based on mere apprehension and should have been filed in Mumbai. The High Court dismissed the appeal, upholding the Single Judge's order.
Bharat Balar v.Rajendra Distributors
The appeal concerned a suit filed by Bharat Balar alleging infringement of their registered design and passing off against Rajendra Distributors. The court facilitated an agreement between both parties to expedite the trial process and set aside certain adverse observations made in a previous common order.
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