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JAYANT NATH
Relaxo Footwears Limited – Appellant
Versus
Aqualite Industries Pvt. Limited – Respondent
JUDGMENT
Jayant Nath, J.
IA No. 5717/2021 (u/O 39 R 1 & 2 CPC)
1. The present application is filed by the plaintiff seeking an ex parte injunction to restrain the defendant, its directors, etc. from manufacturing, selling, advertising, etc. the impugned footwear products which are said to be an imitation of the plaintiff's products/design/trade dress/get up. Other connected reliefs are also sought.
2. It is the case of the plaintiff that the plaintiff began as a small enterprise in the year 1976. It was incorporated in 1984. It is stated that beginning from manufacturing Hawaii slippers, the plaintiff through sheer commitment has grown into a large-scale enterprise. It is further stated that from a modest sales figure of Rs.10 lakhs in 1977, the turnover of the plaintiff grew up to Rs.2,400 crores last year. It is stated that the plaintiff manufactures over 6 lakh pairs of footwear per day and 18 crores pairs per year and has emerged as the largest footwear producer in India. The plaintiff's products are marketed under various distinctive trademarks/labels and with a unique get up and trade dress including the house mark RELAXO and various product specific brands like BAHAMAS, FLIT
Mere registration of a design does not automatically entitle the registrant to claim protection. The protection of essential features and the extent of similarity in designs are crucial in determinin....
The court ruled that design piracy requires examination from the perspective of an informed user aware of prior art; the plaintiff's design not being a fraudulent or obvious imitation led to the dism....
The central legal point established in the judgment is that evidence of market survey and public availability of similar designs is not sufficient to establish lack of novelty and originality of a re....
The court ruled that the plaintiffs established a prima facie case of design infringement, necessitating the maintenance of the interim injunction against the defendants based on failure to prove pri....
The onus to prove lack of novelty or originality in a design as a ground of defence against design piracy lies with the defendants, and unsubstantiated claims cannot invalidate the plaintiff's copyri....
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