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2018 Supreme(Del) 2686

S.RAVINDRA BHAT, A.K.CHAWLA
AASHIANA ROLLING MILLS LTD. – Appellant
Versus
KAMDHENU LTD. – Respondent


Advocate Appeared:
For the Appellant :Mr.Rajshekhar Rao, Mr. Kapil Wadhwa, Ms. Devyani Nath, and Ms. Kaveri Jain, Advocates
For the Respondent:Mr. Akhil Sibal, Mr. S.K. Bansal and Mr. Ajay Amitabh Suman, Mr. Nikhil Chawla, Advocates

JUDGMENT :

S. RAVINDRA BHAT, J.

1. This appeal by the defendant (hereafter referred to as “Aashiana”), questioning the temporary ad-interim injunction issued by the learned Single Judge on 03.11.2017, in a suit by the plaintiff/respondent (hereafter “Kamdhenu”). Kamdhenu alleged that Aashiana had infringed its registered design in the sale of the latter’s FRIENDS 500 HD steel bars. Aashiana contended that Kamdhenu could not establish its registered design prima facie to be novel and exclusive from the record so as to justify the impugned ad interim temporary injunction.

2. Briefly, the case set up in the suit is that the plaintiff manufactures and markets steel bars and other allied goods under the name and trademark, Kamdhenu®. It also claimed that to distinguish its TMT bars from the other bars in the market, it developed a unique design with new and original features of surface pattern, comprising of double ribs applied to 16 bars. This development took place in 2012. Kamdhenu applied for registration under the Designs Act, 2000; its claim was accepted, and the registration was granted in Class 25-01 with effect from 14.01.2013, by certificate issued on 29.08.2014 by the Patents an


































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