Pidilite Industries Limited vs Astral Limited (Formerly Known As Resinova Chemie Limited)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Bom) 445

FIRDOSH P. POONIWALLA
Pidilite Industries Limited – Appellant
Versus
Astral Limited (Formerly Known As Resinova Chemie Limited) – Respondent

Advocates appeared:
Mr. Virag Tulzapurkar, Sr. Advocate, a/w. Mr.Hiren Kamod a/w. Mr. Nishad Nadkarni, Mr. Aasif Navodia, Ms. Khushboo Jhunjhunwala, Ms. Rakshita Singh, and Ms. Jaanvi Chopra, i/b. Khaitan & Co.for the Applicant/Plaintiff; Mr. Ashish Kamat, Sr. Adv. a/w. Mr. Rashmin Khandekar a/w. Mr. C. A Brijesh, Mr. Aditya Mahadevia, Mr. Krishna Gambhir,Mr. Karan Khiani i/b. Rashmi Singh & Karan Khiani for the Respondent/Defendant.

Table of Content
1. facts surrounding the plaintiff's product design. (Para 1 , 2 , 3 , 4 , 5)
2. plaintiff's claims of design infringement. (Para 6 , 7)
3. arguments regarding the originality of the design. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. defense strategies regarding prior design publications. (Para 16 , 17 , 18 , 19)
5. court observations on design similarity and aesthetics. (Para 20 , 21 , 22)
6. court's conclusions on ad-interim relief. (Para 34 , 36 , 68 , 70 , 71)

JUDGMENT

Firdosh P. Pooniwalla, J. - The Plaintiff was incorporated in 1969 and has been carrying on business in the field of construction bonding chemicals/ materials, additives products including sealants, adhesives, automotive chemicals, art materials, industrial and textile resins and organic pigments and preparations and other products including waterproofing chemicals, construction and paint chemicals.

2. The Plaintiff offers a vide range of sealants and adhesives under its PV SEAL brand which are in the nature of a pipe glue and a chemical compound/adhesive used for joining/fusing various kinds of plastic pipes. The Plaintiff uses distinctive labels upon and in relation to its M-SEAL PV SEAL products.

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2024 Supreme(Bom) 445

FIRDOSH P. POONIWALLAPidilite Industries Limited – AppellantVersusAstral Limited (Formerly Known As Resinova Chemie Limited) – Respondent

Cases Referred (2)

FIRDOSH P. POONIWALLA
Pidilite Industries Limited – Appellant
Versus
Astral Limited (Formerly Known As Resinova Chemie Limited) – Respondent