The court affirmed the protection of registered designs, ruling in favor of plaintiff against infringement and allowing for interim injunction based on clear imitation of designs.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff against the Defendants seeking permanent injunction restraining the Defendants' from indulging in piracy of designs, delivery up, damages, rendition of accounts, etc.

3. The Plaintiff -M/s Sabyasachi Calcutta LLP, is a firm primarily engaged in the business of designing, manufacturing, selling, and retaining designer garments, associated accessories and jewellery. The principal designer and partner, Mr. Sabyasachi Mukherjee has won various awards for his design and has exhibited his designs across the world. The designs concerned in the present matter are two designs:

(i) Design registration No. 85668, popularly known as `Rusheeda Lehenga'; and

(ii) Design registration No.83943, popularly known as `New Botanical Lehenga I P.C. Lehenga'.

4. The case of the Plaintiff is that the Defendants are habitual infringers of various `Lehenga' designs of the Plaintiff. Reliance is placed upon the order dated 2nd September, 2019 passed in two earlier suits CS(COMM) 1363/2016 and CS(COMM) 1364/2016 both titled Sabyasachi Couture v. Ramakant & Ors., wherein the Court had passed a decree against the Defendants and had also cautioned them, that if there are any future violations, exemplary damages and costs would be liable to be awarded. The relevant extract of the said order reads as under:

"10. Axiomatically, a decree is passed, in favour of the plaintiff and jointly and severally against the defendants in both the suits, of permanent injunction, in terms of prayer paragraph 34(a)&(b) in plaint dated 29th September, 2016 in CS(COMM) No.1363/2016 and in terms of prayer paragraph 33(a) of the plaint dated 29th September, 2016 in CS(COMM) No.1364/2016, leaving the parties to bear their own costs.

11. It is clarified that the injunctions are with respect to the works/designs subject matter of the plaint in the two suits.

12. The defendants are also cautioned, that for any future violation established, exemplary damages and costs will be awarded against the defendants."

5. It is noticed that, in the present suit, the infringing designs are two designs which have been extracted in order dated 27th October, 2021. An ad-interim injunction has been granted prima facie, on the findings that the designs are obvious imitations of the Plaintiff's designs. The relevant portion of the order dated 27th October, 2021, is extracted below for the sake of ready reference:

"5. Prima facie, on a plain viewing, the designs of the defendants appear to be an obvious imitation of the plaintiff's design and an attempt to link the products of the defendants with those of the plaintiff. These designs are also being marketed on the social media websites of the defendants, and material in that regard has been placed on record.

6. In these circumstances, the plaintiff has moved this Court for an order of injunction, restraining the defendants from infringing the aforesaid designs, which are marketed by the plaintiff under the names, "Rusheeda Lehenga" (Reg. No. 85668) and "New Botanical Lehenga/P.O. Lehenga" (Reg. No. 83943).

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10. The defendants seek ad interim reliefs. The prayer clause in this application reads thus:

"25. It is, therefore, prayed that the following reliefs may be granted to the Plaintiff:

a) An order for ad interim temporary injunction restraining the Defendants, their principal officers, servants, agents, representatives, dealers and all others acting for and on their behalf, from manufacturing, applying/causing to be applied, selling, offering for sale, importing, advertising/publishing, directl