S.RAVINDRA BHAT, DEEPA SHARMA
Dart Industries Inc – Appellant
Versus
Techno Plast – Respondent
S. Ravindra Bhat, J.
1. The plaintiffs, unsuccessful in their application for ad-interim injunction during pendency of their suit for copyright and design infringement as well as for permanent injunction complaining passing off, appeal the decision of a learned single judge.
2. The two plaintiffs filed a 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 first plaintiff (hereafter “Dart”) is a Delaware, USA incorporated company; the second plaintiff, i.e., M/s. Tupperware India Pvt. Ltd. (hereafter “TIPL”) is an Indian company. Dart 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. These products- so the suit says- are the result of artistic work in the form of product drawings, mould drawings and moulds over which copyright is claimed. Dart contractually granted to TIPL the right to use its moulds to manufacture Tupperware products and the right to use and apply the proprietary and registered des
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