JUDGMENT :

Ravi Krishan Kapur, J.

1. In a suit for infringement, the petitioners seek interim protection in respect of the copyright in a registered design “Sonic Nozzle”.

2. Briefly, the petitioners are well known manufacturers and suppliers of Dust Collection and Suppression Systems of different varieties. The petitioner no.2 had entered into a collaboration with the petitioner no.1 to market and sell the petitioner no.1’s Agglomerative Dust Suppression (ADS) systems in India.

3. In or about early 2016, the petitioner no.1 after continuous efforts in the development of new and enhanced nozzles designed a new “Sonic Nozzle” which forms an essential component of ADS system for its fog based dust suppression system having a distinctive shape and configuration. In order to protect their distinctive design, the petitioner no.1 applied for registration of its article under the provision of the Designs Act, 2000 (the Act). Such application was filed on January 6, 2016 and registration was granted to the petitioner no.1 on January 19, 2017. The registration granted in favour of the petitioner records that “the novelty resides in the shape and configuration of the “Sonic Nozzle” as illustrate