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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
Travel Blue Products India Private Limited – Appellant
Versus
Miniso Life Style Private Limited – Respondent
| Table of Content |
|---|
| 1. factual basis for design infringement (Para 1 , 2 , 3) |
| 2. initial court view on design piracy (Para 4 , 8) |
| 3. defendants claim prior art and functionality (Para 5 , 6 , 12) |
| 4. plaintiffs argue presumption of validity (Para 7 , 9 , 10 , 13) |
| 5. legal standards for design registration (Para 16 , 17 , 19 , 24) |
| 6. assess and articulate the criteria for valid design based on functionality and aesthetics. (Para 18) |
| 7. court's conclusion on design infringement (Para 47 , 48 , 50) |
| 8. conclude with the ruling for interim measures against the defendant. (Para 49) |
Judgment :
SHARMILA U. DESHMUKH, J.
1. This is an action for piracy of registered design and passing-o By order dated 24th September, 2024, this Court had granted ad-interim reliefs in terms of prayer clauses (a) to (d). Subsequently, the Defendants entered appearance and filed its Affidavit-in-reply dated 23rd November, 2024. Though initially it was the Defendant’s contention that the ad-interim order ought to be vacated and it was not necessary for filing of a separate application under Order XXXIX, Rule 4 of Code of Civil Procedure, 1908, it was agreed that the Interim Application itself could be taken for final disposal.
The protection of registered design depends on aesthetic appeal, and if the design possesses significant artistic value, it can be safeguarded against piracy despite functional elements.
Temporary injunction denied as plaintiffs failed to establish prima facie case due to admitted similarities in designs and functionality claims, violating provisions of the Designs Act.
The court ruled that design piracy requires examination from the perspective of an informed user aware of prior art; the plaintiff's design not being a fraudulent or obvious imitation led to the dism....
The court affirmed the necessity to protect unique visual designs, emphasizing the significant visual impression in establishing design infringement regardless of minor differences, thereby granting ....
A registered design cannot simultaneously be claimed as a trademark, and prior publication invalidates its registration under the Designs Act.
A trade mark may be recognized in passing off actions even if previously registered as a design, provided it demonstrates distinctiveness and does not solely serve a functional purpose.
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