IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORIGINAL SUIT NO.1 OF 2009 BETWEEN:

1. SMT. B.K. ANNAPURNAMMA AGED: 72 YEARS, W/O. LATE MR. B.N. KRISHNIAH SETTY, PARTNER OF M/S. SARATHI PERFUMERY WORKS

2. SRI B.N.K. SARATHI AGED: 56 YEARS, W/O. LATE MR. B.N. KRISHNIAH SETTY, PARTNER OF M/S. SARATHI PERFUMERY WORKS

3. SMT. B.S. NAGARATHNA AGED: 56 YEARS, W/O. LATE MR. B.N.K. SARATHI, PARTNER OF M/S. SARATHI PERFUMERY WORKS

4. SRI B.S. SAPTHAGIRI AGED: 31 YEARS, Digitally signed by MAHALAKSHMI B M W/O. LATE MR. B.N.K. SARATHI, Location: HIGH PARTNER OF M/S. SARATHI PERFUMERY WORKS COURT OF KARNATAKA ALL ARE RESIDING AT NO.33/12, 10^TH CROSS, II BLOCK, JAYANAGAR, BANGALORE-560011.

…PLAINTIFFS (BY SMT. PRIYA V., ADVOCATE)

AND:

M/S. MAHENDRA PERFUMERY WORKS A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER MR. B.KRISHNAKUMAR S/O BETTAIAH SHETTY HAVING ADDRESS AT: NO.72/2, 5^TH MAIN ROAD, RAGHAVENDRA COLONY, CHAMARAJPET, BANGALORE-18.

…DEFENDANT (BY SRI L.S. VENKATKRISHNA, ADVOCATE &

SRI N. KAVITHA, ADVOCATE)

THIS ORIGINAL SUIT IS FILED UNDER SECTION 22(2) OF THE DESIGNS ACT, 2000, PRAYING TO PERMANENT PROHIBITORY INJUNCTION RESTRAINING THE FIRST AND THE SECOND DEFENDANTS BY ITSELF, ITS AGENTS, AND SUBSIDIARIES, FROM USING THE REGISTERED DESIGN OF THE PLAINTIFF; DESIGN REGISTRATION NUMBER 203040 OR ANY IDENTICAL, SIMILAR OR FRAUDULENT IMITATIONS OF THE SAME AND SELLING/EXPOSING FOR SALE AND MARKETING PRODUCTS BY USING, IMITATING IN ANY MANNER THE PLAINTIFFS REGISTERED DESIGN AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The suit is filed seeking for the following reliefs:

“Wherefore, the Plaintiffs pray that this Honourable Court may be pleased to pass a judgment and decree.

i. Permanent prohibitory injunction restraining the first and the second Defendants by itself, its agents, and subsidiaries, from using the registered design of the plaintiff; Design Registration number 203040 or any identical, similar or fraudulent imitations of the same and selling/exposing for sale and marketing products by using, imitating in any manner the plaintiffs registered design.

ii. Permanent Prohibitory Injunction restraining the first and the second Defendant by itself, agents, subsidiaries or otherwise whomsoever in any manner using in relation to its products the design or any design which are deceptively similar to plaintiffs registered design and trade dress of the plaintiff so as to pass off products of the Defendants as those of the Plaintiffs.

iii. Directing the defendants to pay the plaintiff an amount of Rs.25000/- (Rupees Twenty Five Thousand Only) as damages.

iv. Directing the defendants to pay the plaintiff the entire cost of this suit, and v. Grant such other or further relief as this Honourable Court may deem fit in the interest of justice.”

2. The suit was originally filed before the City Civil Judge, Bengaluru and numbered as O.S. No.2749/2007. On the application filed by the plaintiff under Sections 22 (3) and 22 (4) of the Designs Act, 2000 (‘the Act’ for short) read with Section 151 CPC, the Trial Court, by order dated 20.11.2008, transferred the suit to this Court, where it is now pending before this Court.

3. The plaintiffs, partners of M/s. Sarathy Perfumery Works, a partnership firm, engaged in the business of manufacturing and selling utensils for both domestic and international markets. The plaintiffs state that they have designed the unique box functioning as both a carton and a display box for carrying their products. The, the plaintiffs applied for and were granted registration for this unique design, thereby acquiring exclusive ownership of the said design. The plaintiffs design is registered under the Act from the Controller of Patents and Designs, bearing registration No.204030. The copyright of the said design, as indicated by document-B, is val