JUDGMENT :

IA 14683/2021 [u/O XXXIX Rules 1 & 2, CPC]

1. The plaintiff is engaged in the manufacture of the LYNCUS range of switch plates among others. The plaintiff alleges that the MATTEO range of switch plates manufactured and sold by the defendant infringes Design Registration Nos. 296178, 296179 and 296180 held by the plaintiff in respect of its LYNCUS switch plates. Design No. 296178 relates to a square switch plate, Design No. 296179 relates to a rectangular switch plate and Design No. 296180 relates to a double switch plate. The views of the various switch plates, along with the corresponding designs, as provided in the plaint, may be reproduced as under :

Views of Design 296178

Views of Design 296179

Views of Design 296180

2. The views of the said design, as registered by the Controller of designs, are as under :

Views of Design 296178

3. The design registration as granted to the plaintiff by the controller of designs certifies that novelty, in each view of the design, resides in its "shape and configuration". The plaintiff has sought to identify the common distinguishing feat