Bombay High Court
Hindustan Lever Limited, Bombay
Versus
Nirma Private Limited, Ahmedabad
Decided On:

Headnote:DESIGNS ACT, 1911.

       Section 2 (5)-Design-Design is necessarily part and parcel of article manufactured while trade mark is necessarily notes-Label put on a carten to be used as container for goods-Can never amount of design within meaning of Section 2 (5).

       COPYRIGHT ACT, 1957

       Section 51-infringement of copyright-Colourable imitation of star of device of label of respect of which plaintiff enjoing copyright-Defendant contending that only four charges introduced and his label dissimilar to that of plaintiff.

       Held Points of dissimilarities totally inadequate to wipe out general imprecision of unwary purchaser of imperfect recollection-Held-Plaintiff made out prima-facie strong case. Infringement of copy right by defendant provided.

       For Citation : AIR 1992 Bom 195