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SUJOY PAUL, SHAILENDRA SHUKLA
Praveen Muraka – Appellant
Versus
Bhama Enterprises India Pvt. Ltd. – Respondent
ORDER :
Sujoy Paul, J.
1. The subject matter of challenge in this miscellaneous appeal filed under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (CPC) is the order of learned Commercial Court, Indore dated 05/09/2020, whereby application filed by appellant/plaintiff under Order XXXIX Rule 1 & 2 of CPC is disallowed. The appellant and respondents are manufacturer/proprietors of water bottles branded as "Kool Kommandar" and "Cool Cutie" respectively. They have taken diametrically opposite stand relating to newness and originality of the design of their bottles. Since attempt of appellant to obtain injunction against "Cool Cutie" failed, this appeal is filed assailing the order of Commercial Court and praying that the respondent be restrained from infringing or passing off the appellant's registered design in the interest of justice.
2. Certain facts are not in dispute in the instant case and pertinently, Court below in para-6 onwards of the impugned order mentioned those facts. It is apt to mention those relevant admitted facts:-
The court ruled that design piracy requires examination from the perspective of an informed user aware of prior art; the plaintiff's design not being a fraudulent or obvious imitation led to the dism....
The onus to prove lack of novelty or originality in a design as a ground of defence against design piracy lies with the defendants, and unsubstantiated claims cannot invalidate the plaintiff's copyri....
Mere registration of a design does not automatically entitle the registrant to claim protection. The protection of essential features and the extent of similarity in designs are crucial in determinin....
Temporary injunction denied as plaintiffs failed to establish prima facie case due to admitted similarities in designs and functionality claims, violating provisions of the Designs Act.
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