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High Court of Judicature at Madras
A. KULASEKARAN
S.A. Safiullah & Co. Sole prop. A.R. Safiullah
Versus
Umaidchamd Singhni & Others
O.A. Nos. 344, 345 & 346 of 2001 in C.S. No. 268 of 2001
Decided On :Decided on: 25-06-2001
Copyright Infringement - Artificial Laminated Banana Leaves - Designs Act, 1911, Sections 2(4), 2(5), 2(14), 43, 51-A, 53 - The court granted an order of ad-interim injunction restraining the respondents from infringing the applicant's registered copyright in the Design Nos. 182931, 183131, 183132, 184035, 184036, 184037, and 184038 in respect of artificial banana leaves, laminated paper plate, and laminated artificial leaf. The court found that the products of the respondents were similar, identical, and an imitation of the applicant's products, leading to passing off and infringement of the applicant's copyright and design rights. The court relied on legal provisions under the Designs Act, 1911 to establish the applicant's entitlement to copyright and design protection, and granted the injunction in favor of the applicant.
Fact of the Case:
The applicant, a manufacturer of artificial laminated banana leaves, sought an order of ad-interim injunction against the respondents for infringing the applicant's registered copyright in the Design Nos. 182931, 183131, 183132, 184035, 184036, 184037, and 184038. The applicant's products were innovative and had obtained design registration for various shapes and configurations. The respondents were found to be manufacturing and selling products identical or deceptively similar to the applicant's, leading to passing off and infringement of the applicant's copyright and design rights.
Finding of the Court:
The court found that the products of the respondents were similar, identical, and an imitation of the applicant's products, leading to passing off and infringement of the applicant's copyright and design rights. The court also found that the applicant had made out a prima facie case for injunction and that the balance of convenience was in favor of the applicant. Therefore, the court granted the order of ad-interim injunction in favor of the applicant.
Issues: The issues before the court included the infringement of the applicant's registered copyright and design rights, passing off of the respondents' products as those of the applicant, and the entitlement of the applicant to an ad-interim injunction.
Ratio Decidendi: The court relied on legal provisions under the Designs Act, 1911, including Sections 2(4), 2(5), 2(14), 43, 51-A, and 53, to establish the applicant's entitlement to copyright and design protection. The court also considered the presumption of originality and newness conferred by the registration of a design, and the grounds for cancellation of registration under Section 51-A. The court found that the applicant had made out a prima facie case for injunction and that the balance of convenience was in favor of the applicant, leading to the grant of the ad-interim injunction.
Final Decision: The court granted an order of ad-interim injunction in favor of the applicant, restraining the respondents from infringing the applicant's registered copyright in the Design Nos. 182931, 183131, 183132, 184035, 184036, 184037, and 184038 in respect of artificial banana leaves, laminated paper plate, and laminated artificial leaf.
1. No. 344/2001 has been filed to pass an order of ad-interim injunction restraining the respondents from in any manner infringing the applicants registered copyright in the Design Nos. 182931, 183131, 183132, 184035, 1840 36, 184037 and 184038 in respect of artificial banana leaves, laminated paper plate, laminated artificial leaf by manufacture and sale of products identical or an obvious imitation of the shape and configuration of Applicants products for which plaintiff has design registration.
2. A. No. 345 of 2001 has been filed seeking for an order of ad-interim injunction restraining the respondents from manufacturing and selling artificial laminated banana leaves, which are identical or deceptively similar to the colour scheme, get up, layout and trade dress of the applicants artificial laminated banana leaves so as to pass off or enable others to pass off the respondents goods as and for the Applicants goods or in any other manner whatsoever.
3. A. No. 346 of 2001 has been filed seeking for an order of ad interim injunction restraining the respondents by themselves, their partner, heirs, etc., from in any manner infringing Appellants copyright in the artistic work artificial laminated banana leaves by manufacture and sale of artificial laminated banana leave which are identical to or a substantial reproduction of applicants artistic work artificial laminated banana leaf and thereby amounting to infringement of Applicants copyright in the artistic work or in any other manner whatsoever.
4. The short facts of the case of the applicant herein as seen from their affidavit filed in the above applications are: The applicant is the manufacture of artificial laminated banana leaf. The product of the applicant is innovative, introduced for the first time in India. The applicant has conceived the idea that the artificial laminated Banana leaf can be used as an alternative to the traditional banana leaf obtained from the plantain trees. The artificial banana leaf conceived and created by the applicant serves the purpose of natural banana leaf sans the inherent defects involved in natural banana leaf viz., the banana leaf getting dry and brown when stored over a period of time, the leaf getting decayed due to humidity, the leaf being infected by bacteria and germs and sufficient quantity of uniform size of natural leaf not being available at any point of time, etc., By strenuous research over a period of time, and repeated experiments, laboratory trials the applicant has invented such item which is of good grade and is proven to be safe for packing, storing and serving food including not Indian food. The entire process for manufacture of artificial laminated banana leaf is invented by the applicant and is the original intellectual property of the applicant. The applicant has obtained design registration for its artificial laminated banana leaves in various shapes and configuration, as mentioned below:
Sl. No. Regn No. Date Description Renewed upto
1. 182931 18-07-2000 Laminated artificial Banana leaf 18-07-2015
2. 183131 04-08-2000 Circular shaped laminated artificial banana leaf 04-08-2015
3. 183131 -do- Oval shaped laminated artificial banana leaf -do-
4. 184037 27-11-2000 Square laminated artificial banana leaf 27-11-2015
The applicant has also applied for and obtained design registration in respect of other artificial laminated leaves invented by the applicant as follows:
Sl. No. Regn. No Date Description Renewed upto
1. 184035 27-11-2000 Laminated paper plate 27-11-2015
2. 184036 -do- -do- -do-
3. 184038 -do- Circular laminated artificial leaf -do-
The applicant is the owner of the copyright in the artistic work of artificial laminated banana leaves-oval shaped, circular shaped, square shaped. The artistic works were created by Mr. A.R. Safiullah, sole proprietor of the applicant firm which were first published in Aug-2000 and have since then been published continuously till date in India. All rights, title and intere
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