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2018 Supreme(Mad) 4185

IN THE HIGH COURT OF MADRAS
INDIRA BANERJEE, ABDUL QUDDHOSE, JJ.
MAYA APPLIANCES PVT LTD - Appellant
Vs.
PREETHI KITCHEN APPLIANCES PVT LTD - Respondent
Original Side Appeal No. 82 of 2018, 83 of 2018 and Civil Miscellaneous Petition No. 4947 of 2018, 4948 of 2018
Decided On : 28-04-2018

Advocates Appeared:
P.S. Raman, Adv., M.S. Bharath, Adv.

Headnote:

Intellectual properties Right – Interim orders - Infringement of copyright in design and passing off - tripod shaped base unit for its Preethi Zodiac series of mixer grinders by manufactuing, or offering for sale of selling any mixer grinders under the name VIDIEM V-STAR SERIES – held, both the plaintiff respondent and the defendant appellant are registered proprietors of their respective designs. The plaintiff respondent does not claim any propriety on the tripod. If the tripod is ignored, there is no similarity at all. The shape of the three legs of the tripod is distinctly dissimilar, in that tripod of the defendant appellant is triangular, whereas the tripod of the plaintiff respondent is six sided. The outer end of the three protrusions at the base of the plaintiff respondents mixer grinder are squarish, whereas those of the defendant appellant are more pointed. The illustrations of the respective designs depicted herein above do not indicate such striking similarities as to fall within the mischief of obvious and fraudulent imitation. There does not also appear to be any real possibility of confusing the base unit of the defendant appellant for that of the plaintiff respondent – Appeals allowed

JUDGMENT

1. These appeals are against a common order dated 1.3.2018 passed by the learned Single Judge allowing two Interlocutory Applications being O.A. Nos.31 and 32 of 2018 in a Suit being C.S. (Comm) No.26 of 2018 filed by the Respondent No.1 [hereinafter referred to as the plaintiff respondent], against the Appellant [hereinafter referred to as the defendant appellant] and the Respondent No.2 [hereinafter referred to as the defendant respondent] for inter alia infringement of copyright in design and passing off.

2. In the said suit, apart from damages, the plaintiff respondent claimed inter alia,

(a) Grant a permanent injunction restraining the Defendants, their men, agents, or persons acting on their behalf, from in any manner infringing the Plaintiff's copyright in design Nos.276216 granted on 01/10/2015 in respect of its tripod shaped base unit for its 'Preethi Zodiac' series of mixer grinders by manufactuing, or offering for sale of selling any mixer grinders under the name VIDIEM V-STAR SERIES or under any other name with features identical or any manner similar to the Plaintiff's tripod shaped base unit design for mixer grinders;

(b) Grant a permanent injunction restraining Defendants from in any manner passing off the Plaintiff's tripod shaped base unit for its mixer grinders marketed and sold under the name 'Preethi Zodiac' series by using identical/or deceptively similar tripod shaped base unit design, shape or configuration, and marketing and selling any model under the brand name VIDIEM V-STAR SERIES or under any other name in any manner whatsoever.

3. The plaintiff respondent filed two Interlocutory Applications in the said Suit being O.A. Nos.31 and 32 of 2018 praying for the following orders:

(a) Grant an ad-interim injunction restraining the Respondents/ Defendants, their men, agents, or persons acting on their behalf, from in any manner infringing the Applicant/Plaintiff's copyright in design Nos.276216 granted on 01/10/2015 in respect of its tripod shaped base unit for its 'Preethi Zodiac' series of mixer grinders by manufacturing, or offering for sale or selling any mixer grinders under the name VIDIEM V-STAR SERIES or under any other name with features identical or any manner similar to the Applicant/Plaintiff's tripod shaped base unit design for mixer grinders;

(b) Grant an ad-interim restraining Respondent/ Defendants from in any manner passing off the Applicant/ Plaintiff's tripod shaped base unit for its mixer grinders marketed and sold under the name 'Preethi Zodiac' series by using identical/or deceptively similar tripod shaped base unit design, shape or configuration, and marketing and selling any model under the brand name VIDIEM V-STAR SERIES or under any other name in any manner whatsoever;

(c) Any other relief as this Hon'ble Court may deem fit, in the circumstances of the case, in the interests of justice and equity.

4. Both the defendant appellant and the plaintiff respondent are engaged in the manufacture and sale of kitchen appliances and are competitors in the market.

5. In the plaint, it is stated that in March 2016, the plaintiff respondent, a subsidiary of Koninklijke Philips N.V., of the Netherlands launched a multifunctional user-friendly mixer grinder 'Preethi Zodiac'.

6. The multi utility and/or multifunctional features of the "Preethi Zodiac" mixer grinder and/or the user-friendliness thereof are not relevant to the issues involved in these Appeals.

7. The plaintiff respondent claims that the base unit of the said "Preethi Zodiac" mixer grinder has a unique design in the form of a tripod as depicted below :

Image

8. According to the plaintiff respondent, the said design has duly been registered under the Designs Act with effect from 1st October 2015 under Registration No.276216.

9. In the plaint, it is pleaded that the defendant appellant, erstwhile owner of the brand "Preethi" which had later been sold to the holding company of the plaintiff respondent, started manufacturing and selling kitche


















































































































































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