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2007 Supreme(Del) 1236

A.K.SIKRI
Dart Industries Inc. – Appellant
Versus
Techno Plast – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Arun Jaitley, Sr. Adv., Jaspreet Sarin and Saurabh Panwar, Advs.
For Respondents/Defendant: Chetan Sharma, Sr. Adv. and Mamohan Singh, Adv. for Defendant Nos. 1 to 7 and H.P. Singh and Bharat Chawla, Advs. for Defendant Nos. 8 and 9

JUDGMENT

A.K. Sikri, J.

1. There are two plaintiffs in this case who have filed this suit for permanent injunction against the defendants under Section 22 of the Designs Act, 2000 read with Section 55 of the Copyright Act, 1957. The plaintiff No. 1 is a company incorporated under the laws of Delaware, USA. The plaintiff No. 2 namely M/s. Tupperware India Pvt. Ltd. is an Indian company. The plaintiff No. 1 claims ownership and possession to the proprietary know-how, innovative technology, intellectual property rights and trade secrets in creating the designs used for the manufacture of its products commonly known as Tupperware products. It is also stated that these products are the result of artistic work in the form of product drawings, mould drawings and moulds and thereforee, copyright is also claimed therein. The plaintiff No. 1 has consented and contractually granted to the plaintiff No. 2 the right to use its moulds to manufacture Tupperware products and also granted the right to use and apply the proprietary and registered designs in respect of those products for manufacture and offer for sale in India.

2. The plaintiff No. 1 has registered the proprietary designs in relation































































































































































































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