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HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, J.
Bharat Balar & Another – Appellants
Versus
Rajendra Distributors & Others – Respondents
Original Application Nos. 861 & 862 of 2014 & C.S. No. 701 of 2014
Decided On : 17-03-2015
Designs Act, 2000 - Section 5 - Patents Act, 1970 - Section 13(4) - Permanent injunction - Manufacturer and marketer of electric kitchen appliances – Claim of compensation - Application has been filed to grant an interim injunction restraining respondents by themselves their heirs legal representatives men servants agents distributors stockists wholesalers retailers representatives or any one claiming through them from in any manner infringing applicants copyright in registered design by manufacturing assembling sale and distribution of containers with or without idly plates with identical designs for their products or any product which is an imitation of applicants copyright in registered design in Class for Unitary Multilayer Container and idly plates or in any other manner whatsoever pending disposal of suit - First plaintiff is a well reputed manufacturer and marketer of electric kitchen appliances and has been trading under name and style of White Lion Trading Private Limited second plaintiff herein - First plaintiff owing to his rich experience in household electronic appliances for past several years has designed several electronic appliances and utensils which are user friendly innovative and has more utility compared to other electric appliances available in market – Held, As far as present Act is concerned legislature in its wisdom by incorporating Sub-section (3) of Section 22 of Act has made every ground on which registration of a design may be cancelled available as a ground of defense - Ground on which cancellation can be sought of registration are enumerated in Section 19 of Act - It may be noticed that design is a conception suggestion or idea of a shape and not an article - It has already been anticipated it is new or original - if it has been pre-published it cannot claim protection as publication before registration defeats proprietors rights to protection under Act - In instant case several materials are produced by defendants to show that design alleged to have been invented by plaintiff was already in public domain - When it is already in public domain it is a valid ground for cancellation of registration - When ground for cancellation of design is established before this Court this Court cannot grant interim injunction - In this regard counsel appearing for plaintiffs by relying upon decision of this Court reported in by its Managing Director Apollo Hospitals Enterprise Limited and Cancer Institute submitted that if there is a valid registration plaintiffs are entitled for interim injunction - A reading of said judgment would show that in that case defendant therein had not challenged registration of design - In fact Judge has observed in that judgment that since defendant had not challenged registration it has to be taken that validity of plaintiffs design was not under challenge - But in instant case defendant has already challenged registration by filing necessary application - Therefore said decision cannot be made applicable to facts of present case - Applications are dismissed
1. The application in O.A.No.861 of 2014 has been filed to grant an interim injunction restraining the respondents, by themselves, their heirs, legal representatives, men, servants, agents, distributors, stockists, wholesalers, retailers, representatives or any one claiming through them from in any manner passing off and enabling others to pass off their containers with or without idly plates as and for applicants' Unitary Multilayer Container and idly plates by using the identical shape and configuration for their products or any other products which are identical to that of or an obvious imitation of the applicants' Unitary Multilayer Container and idly plates respectively and amount to product passing off or in any other manner whatsoever pending disposal of the suit.
2. The application in O.A.No.862 of 2014 has been filed to grant an interim injunction restraining the respondents, by themselves, their heirs, legal representatives, men, servants, agents, distributors, stockists, wholesalers, retailers, representatives or any one claiming through them from in any manner infringing the applicants' copyright in the registered design by manufacturing, assembling, sale and distribution of containers with or without idly plates with identical designs for their products or any product which is an imitation of the applicants' copyright in the registered design No.256062 dated 27.8.2012 in Class 07-02 for Unitary Multilayer Container and idly plates or in any other manner whatsoever pending disposal of the suit.
3. The applicants are the plaintiffs and the respondents are the defendants in the suit in C.S.No.701 of 2014.
4. For the sake of convenience, the parties will be referred to as per their ranking in the civil suit.
5. The case of the applicants as could be seen in the affidavits filed in support of the said applications, in brief, are as follows:-
(a) The first plaintiff is a well reputed manufacturer and marketer of electric kitchen appliances and has been trading under the name and style of White Lion Trading Private Limited, the second plaintiff herein. The first plaintiff, owing to his rich experience in the household electronic appliances for the past several years, has designed several electronic appliances and utensils which are user friendly, innovative and has more utility compared to other electric appliances available in the market. The first plaintiff has its manufacturing facility in China, wherein electric kitchen appliances are manufactured based on the design and technical inputs given by the first plaintiff to suit the needs of the end customers. Thereafter, the second plaintiff imports the said electric kitchen appliances manufactured in China as per the design and technical inputs given by the first plaintiff and markets the same in the Indian market.
(b) During the course of business, the plaintiffs have invented and designed several electric kitchen appliances and utensils that are novel, innovative and utility oriented. One such innovative / invention of the plaintiffs is the Flutter Electric Cooker with Unitary Multilayer Container and idly plates. The plaintiffs have been manufacturing and marketing electric cookers under the trade mark Flutter since the year 2013. The plaintiffs' electric cooker under the trade mark Flutter has attained immense reputation and goodwill among the trade and public.
(c) Keeping in mind the needs of the working women and to aid them to do their daily choirs with much ease, in the year 2013, the plaintiffs designed a novel Unitary Multilayer container and idly plates to make idly which is a typical, prominent and stable food in south India. The Unitary Multilayer container and idly plates designed, manufactured and marketed by the plaintiffs is novel and eye appealing. Till date, no one has ever designed or even thought of designing Unitary Multilayer container and idly plates for cooking idlies. The plaintiffs in order to protect the novel and eye catchy design in the Unita
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