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SUBODH ABHYANKAR
Mold Tek Packaging Limited – Appellant
Versus
S. D. Containers – Respondent
ORDER
1. Heard on I.A. No.01/2020, which is an application for grant of temporary injunction under Order 39 rule 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) as also heard on an application filed under Order 7 rule 11 of CPC which has not given any interlocutory application by the Registry of this Court by the plaintiff against the counter claim of the defendant.
2. So far as I.A No.01/2020 is concerned, the facts of the case are that, this civil suit has been filed by plaintiff for declaration and permanent injunction under Order VII rule 1 of C.P.C. read with section 22 of the Designs Act, 2000 and sections 55 & 62 of Copyrights Act 1957 and for passing of trademarks against the defendant.
3. The case of the plaintiff is that, the plaintiff M/s Mold-Tek Packaging Limited (hereinafter referred as ‘Mold -Tek’ ) is a public limited Company, it was established in the year 1985, and since then it is involved in the business of manufacturing and selling rigid plastic packaging material including manufacturing of injection moulded containers for lubes, paints, food amongst other products.
4. The plaintiff company have 07 processing plants across India an
The main legal point established in the judgment is the maintainability of a counter claim seeking cancellation of registered designs under Section 19 of the Designs Act.
The court established the validity of the registered design, the infringement by the defendant, and the entitlement to rendition of accounts. The court's decision was influenced by the interpretation....
Jurisdiction under the Designs Act, 2000 cannot be ousted merely on basis of cancellation pleas unless substantive grounds are presented, justifying transfer to higher courts.
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....
The main legal point established in the judgment is the protection of design rights under the Designs Act 2000, focusing on the novelty and originality of the design, registration of assignment deed,....
A registered design cannot simultaneously be claimed as a trademark, and prior publication invalidates its registration under the Designs Act.
The court ruled that the plaintiffs established a prima facie case of design infringement, necessitating the maintenance of the interim injunction against the defendants based on failure to prove pri....
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