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1983 Supreme(Del) 174

S.S.CHADHA
WIMCO LIMITED – Appellant
Versus
MEENA MATCH INDUSTRIES – Respondent


S. S. CHADHA, J.

( 1 ) the Wimco Limited is public limited company incorporated under the provisions of the Companies Act, 1913 (for short called Wimco ). They carry on the business of manufacturing and selling, inter alia, of match boxes . They claim to be one of the famous manufacturers of matches and the total turnover for the years 1975 to 1980 is given in paragraph 3 of the plaint. Wimco claim to have developed, in order to distinguish their products from those of others and in order to improve the aesthetic appearance of their match boxes, a pattern/design and chemically applied it to both sides of the pannels of their match boxes by mechanical means. This pattern is in rectangular form with multiple diamond-shaped spots and Wimco gave it a name to this pattern as "hot SPOTS". Wimco made an application foe registration of this design claiming to be new and original design under the provisions of the Designs Act, 1911 (hereinafter called the Act) in class 5 of the Schedule. The application was numbered as 146498 dated January 5, 1978. Subsequently, the said design was registered with effect from January 5, 1978 and a certificate to that effect was issued on October 19, 1978.


























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