The court's decision was based on the interpretation of the Designs Act, 2000, specifically Section 19 and Section 22, which govern the registration and protection of designs.

JUDGMENT

S.C. Gupte, J. - Heard Learned Counsel for the parties.

2. This Commercial I.P. Suit is in respect of infringement of a registered design. The Plaintiffs seek a perpetual injunction restraining the Defendant from marketing snack food products embodying the Plaintiffs'' registered design.

3. Plaintiff No.1 Frinto-Lay North America, Inc. is a Corporation, incorporated under the laws of the State of Delaware, USA. It claims to be one of the largest and best-known manufacturers and distributors of chips, snack foods and related products in the world, with over 50,000 employees. It claims to have originally launched a snack food product by the name of ''LAY''s'' in western countries applying a new design. The Plaintiffs claim to have invented this innovative design, which is a wavelike design, popularly known as "ridge design" having an undulating (up and down) surface. As the product "LAY''s" grew in popularity, Plaintiff No.1 claims to have developed another innovative and unique design which has deeper ridges and crusts throughout the surface. The Plaintiffs claim to have made the product crunchier by application of this peculiar design. The design is registered in India in two forms ("suit designs"). The suit designs, which bear registration Nos. 240391 and 240392, in their various views such as top bottom prospect, left and right, front and rear views, are depicted below. Potato Chips bearing these designs are marketed by the Plaintiffs under the brand name of "Lay''s Maxx Chips" in India and "Ruffles" all over the rest of the world.

4. It is the grievance of the Plaintiffs that the Defendant, who is an Indian company, incorporated in the year 1995, has started using an identical design or a very similar for similar products, viz. potato chips, sold under the brand name ''Rumbles''. A depiction of the Defendant''s product, by the image on the wrapper of its product "Rumbles" and actual images of the snack food product marketed in "Rumbles" packets, is shown below.

The Plaintiffs claim to have purchased the aforesaid infringing products marketed by the Defendant from within the territorial jurisdiction of this Court. Based on these allegations, the Plaintiffs pray for a perpetual injunction, restraining the Defendant from manufacturing, selling or distributing snack food products embodying the Plaintiffs'' registered designs referred to above. The Plaintiffs apply for interim reliefs in this application and presently pray for ad-interim reliefs in the same terms.

5. The Defendant has filed a reply, opposing ad-interim reliefs. The Defendant, firstly, contests the jurisdiction of this Court. It claims to be carrying on business at Rajkot in Gujarat, that is to say, outside the local limits of the jurisdiction of this Court. It disputes the Plaintiffs'' claim that the infringing products are available or may be purchased within the local limits of the jurisdiction of this Court. Secondly, it is submitted that the essential element of the suit designs, proprietorship in which is claimed by the Plaintiffs, is the ridge design or shape. It is submitted that similar snack food products, particularly, potato chips, are available in the market. The Defendant relies on a compilation of documents, which consist of Wikipedia pages and advertisements/trade notices, which disclose write ups and development of similar products which come in the very design. It is submitted that the Plaintiffs'' registered designs have nothing new or original about them; there is no dearth of known designs or combination of known designs of the same pattern or shape.

6. Learned Counsel appearing for the Defendant, relying on the provisions of Section 19 of the Designs Act, submits that a design, which has been published in India or any other country prior to the date of application for registration of the design by the alleged proprietor, or is not new or original, is not registrable and any such registration is liable to be cancelled. Learned Counsel