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2025 Supreme(Online)(Bom) 351194

HIGH COURT OF BOMBAY
HON'BLE JUSTICE SHARMILA U. DESHMUKH
Travel Blue Products India Private Limited – Appellant
Versus
Miniso Life Style Private Limited – Respondent
IAL/28407/2024



IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 28407 OF 2024 IN COMMERCIAL IPR SUIT (L) NO. 28275 OF 2024 1. Travel Blue Products India Private Limited ]

a company incorporated under the ] Companies Act, 1956 and having its ] registered office at 102, Rama Gulab ] Apartments, Subhash Road, Tejpal Scheme ] Main Road, Vile Parle (East), Mumbai – 400 ] 057, Maharashtra, India ]

2. Travel Blue Limited ]

a company incorporated ] under the laws of United Kingdom having ] its registered office at Travel Blue Ltd Suite ] 13, Building 6 Croxley Park, Watford WD18 ]

8YH, United Kingdom ] ...Applicants In the matter of :

1. Travel Blue Products India Private Limited a company incorporated under the Companies Act 1956 having its registered office at 102, Rama Gulab Apartments, Subhash Road, Tejpal Scheme Main Road, Vile Parle (East), Mumbai – 400 057, Maharashtra, India

2. Travel Blue Limited a company incorporated under the laws of United Kingdom having its registered office at Travel Blue Ltd Suite 13, Building 6 Croxley Park, Watford WD18

8YH, United Kingdom ...Plainti Versus

1. Miniso Life Style Private Limited ]

A company incorporated under the ] provisions of Companies Act 2013, having its ] registered address at 6th Floor, Unit No. 603- ] 604, Welldone Tech Park, Sohna Road Sector ] 48, Gurgaon, Gurugram, Haryana, India 122 ] 018 ] Email : durga.verma@minisoindia.com ]

2. Miniso Hong Kong Limited ]

a company incorporated under the laws of ] Hong Kong having its address at Unit D, 16/F, ] One Capital Place, 18 Luard Road, Wan Chai, ] Hong Kong ] And also at 6th Floor, Unit No. 603-604, ] Welldone Tech Park, Sohna Road ] Sector 48, Gurgaon, Gurugram, ]

Haryana, India 122 018. ] ...Defendants ——————

Mr. Hiren Kamod (On VC) a/w Mr. Bhushan Shah, Mr. Abhishek Nair i/by Mansukhlal Hiralal and Co. for Plaintiff Dr. Abhinav Chandrachud a/w Mr. Darshan Patankar, Mr. Pranit Kulkarni, Mr. Aditya Mehta, Mr. Agneya Gopinath and Mr. Dhruv Chhajed i/by Cyril Amarchand Mangaldas for Defendant/Respondent.

Ms. Charushila Vaidya 2nd Assistant to Court Receiver present.

——————

Coram : Sharmila U. Deshmukh, J.

Reserved on : 24th June, 2025.

Pronounced on : 31st July, 2025.

Judgment :

1. This is an action for piracy of registered design and passing-o By order dated 24th September, 2024, this Court had granted ad-interim reliefs in terms of prayer clauses (a) to (d). Subsequently, the Defendants entered appearance and filed its Affidavit-in-reply dated

23rd November, 2024. Though initially it was the Defendant’s contention that the ad-interim order ought to be vacated and it was not necessary for filing of a separate application under Order XXXIX, Rule 4 of Code of Civil Procedure, 1908, it was agreed that the Interim Application itself could be taken for final disposal. Accordingly the Interim application was taken up for final hearing and is being disposed of by this order.

2. The Plaintiffs are engaged in the business of marketing and sale of travel accessory products through online and offline modes, which are manufactured by Plaintiff No. 2. The case of the Plaintiffs is that in the year 2015, Plaintiff No. 2 designed an innovative and distinctive “Travel Blue Tranquility Neck Pillow” and obtained registration of the tranquility pillow in India on 9th March, 2016 claiming reciprocity from 19th October, 2015. The certificate of registration was issued on 24th July, 2017 with a reciprocity date of 19th October, 2015 bearing number 281315. The Plaintiff No. 2 applied for extension of copyright in the Plaintiffs’ registered design under Section 11 of the Designs Act, 2000 before Controller of Designs which has been extended for five years i.e., till 19th October, 2030. The Plainti registrations in Europe, Republic of China, United States of America and Australia apart from India. According to the Plaintiffs, since October, 2015, Plaintiff No. 1 has done substantial business in respect

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