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1967 Supreme(Cal) 47

S.A.MASUD
Western Engineering – Appellant
Versus
Paul Engineering – Respondent


Advocates:
Sankar Ghosh, for Petitioner; S. Tibriwalla, for Respondents.

Judgement

ORDER :- This is an application under S. 51-A of the Indian Patents and Designs Act (II), 1911, in which the petitioner has prayed for an order that the Design No. 127199 in respect of a Cycle lock registered in the name of the respondent on October 10, 1965 be revoked and/or cancelled.

2. The petitioner is a registered partnership firm and carries on its business at No. 9206, Nawabgunge Library Road, Delhi 6. The said firm is the proprietor of a design duly registered under the said Act as Design No. 125728 of May 25, 1965. The said design, was and is in respect of locks for cycle and the novelty or the originality was in respect of the shape and configuration of the design of the said locks for cycle as illustrated in the annexure to the certificate of the Controller of Patents and Designs dated May 25, 1965 which are annexed to the petition and collectively marked "A". After such registration, the petitioner has been manufacturing commercially the said cycle locks and selling them to the public which involve, according to the petitioner a new and original design as to the shape and configuration of the outer frame of cycle lock comprising inter alia, the visibility of th












































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