1. The plaintiff, who is the manufacturer of consumer products including washing machines, has approached this Court praying for a permanent injunction restraining the defendant who is also engaged in manufacture of consumer products including washing machines, from infringing plaintiffs' registered design Nos.223833 and 223835. The plaintiff has also claimed for damages on the ground that the defendant is passing of its product as the product of the plaintiff.

2. It is the contention of the plaintiff that the plaintiff has innovated a new product i.e. washing machine which has unique features inasmuch as on one side it is having a rectangular shape and on other side it is having semicircular shape with jettisoned panel for the knobs. It is the case of the plaintiff that its product vide design Nos.223833 and 223835 has been registered on 15th July 2009. It is the case of the plaintiff that plaintiff has been producing the said product from September 2010. It is the case of the plaintiff that the plaintiff has sold these washing machines to the tune of about Rs.308 crore. It is further case of the plaintiff that the defendant who is the competitor in the market knowing ve