DELHI HIGH COURT
NAVIN CHAWLA
GM Modular Pvt. Ltd. – Appellant
Versus
Syska Led Lights Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. plaintiff's case for design protection (Para 2 , 3 , 4 , 5 , 6) |
| 2. defendant's claim of invalid design registration (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's analysis of design and trademark overlap (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 4. issues surrounding ownership and authorship of design (Para 36 , 40 , 42) |
| 5. conclusion on interim relief and scrutiny of design validity (Para 51 , 52 , 53 , 54) |
JUDGMENT
Navin Chawla, J.
I.A. 8676/2021
I.A. 10813/2021
1. By this common order, I shall dispose of two applications, one application, being I.A. No.8676/2021, filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the `CPC'), and the second application, being I.A. No. 10813/2021, filed by the defendant under Order XXXIX Rule 4 of the CPC.
Plaintiff's case
2. The plaintiff is engaged in the business of manufacturing and trade of wide range of electrical goods including electrical appliances, electrical switches, cover plates, electrical accessories and fittings, wires and cables, emergency lights, LED lights, MCB circuit breaker, PVC pipes, electronic components and other allied and rel














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