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2021 Supreme(Online)(MAD) 51460
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 16.12.2021 Coram:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Civil Suit No.497 of 2016 M/s.Maya Appliances P ltd., No.10/5, Royal Enclave, Besant Avenue, Adyar, Chennai 600 020 Also having factory at No.3/140, I.T Highway, Oggiyam, Thoraipakkam, Chennai 600 097 Represented by its Authorised Signatory, Mr.E.Mohan .. Plaintiff /versus/
Apex Consumer Appliances P ltd., Plot No.29-P, Off Kanjur Village Road, Opp Cresent industrial Estate, Kanjurmarg Estate, Mumbai – 400042 Maharashtra, India ..Defendant Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original Side Rules and Order IV Rule of O.S Rules and order VII Rule 1 C.P.C read with Section 22 of the Designs Act 2000 and Section 55 & 62 of the Copyright Act, 1957, praying to pass a judgment and decree for:-
(a) declaring that the defendant is infringing upon the plaintiff's copyright in design Nos.272568, 272569, 272570 and 272571 granted on 05.06.2015 in respect of its VIDIEM “AIR” frameless gas stove 276080 granted on 28.09.2015 and 264343 granted on 30.07.2014 by manufacturing, offering for sale and selling of the defendant's APEX EVA gas stoves.
(b) granting a permanent injunction, restraining the defendant, its men, agents, or persons acting on its behalf, from in any manner infringing the plaintiff's copyright in design of frameless gas stoves bearing Design Nos.272568, 272569, 272570 and 272571 granted 05.06.2015, 276080 granted on 28.09.201 and 269343 granted on 30.07.2021 (Amended as per order dated 18.03.2020 in A.No.9838 of 2019 and time extended as per order dated 08.01.2021 by manufacturing of offering for sale or selling any gas stoves with features similar to the plaintiff's frameless gas stove design.
(c) granting permanent injunction restraining the defendant from in any manner passing off the plaintiff's frameless gas cooktops/ gas stoves marketed and sold under the name VIDIEM AIR by using identical/or deceptively similar frameless design, shape or configuration and marketing and selling the same under the name APEX EVA or in any other name any manner whatsoever.
(d) declaring that the defendant is infringing upon the plaintiff's copyright in the phrases/text/words/voice over appearing in the VIDIEM AIR promotion video namely the following '8' mm thermally treated toughened gas, “360 degree visual feedback”, by publishing the same namely, “8 mm thermally treated toughened gas, “360 degree visual feedback”
on the carton box of APEX EVA.
(e) granting a permanent injunction restraining the defendant, its men, agent, of persons acting on its behalf, from in any manner infringing the plaintiff's copyright in phrases /text/words and voice over appearing in the VIDIEM AIR promotion video namely, '8mm thermally treated toughened gas, “360 degree visual feedback” on its carton box/any packaging material or using the same in any other form or manner in the course of its business viz, in its correspondence, name board, sign boards, advertisements in print and electronic media.
(f) Directing the defendant to pay the plaintiff a sum of Rs.2,00,00,000/- as damages along with interest @ 18% per annum from the date of plaint till the date of realisation.
(g) Directing the defendant, its men, agents and persons acting on its behalf of it, to deliver up for destruction all the infringing frameless gas stoves and any parts thereof, and any frameless gas stoves marketed and offered for sale by the defendant under the name of APEX EVA which would amount to passing off as the plaintiff's frameless gas stove which is marketed and offered for sale by the defendant under the name of APEX EVA which would amount to passing off as the plaintiff's frameless gas stove which is marketed and offered for sale under the name VIDIEM AIR or any other frameless gas stove by being identical or deceptively similar thereof including all dyes, moulds, cartons boxes and other packaging materials and any other machinery that may be used in the manufacture of the infringing products (h) Directing the defendant to pay the costs of the suit.
(i) pass such further or other reliefs, as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Plaintiffs : Mr.T.K.Bhaskar For Defendant :Set exparte ------
J U D G M E N T
The instant suit seeks for a declaration to declare that the Defendant is infringing upon the Plaintiff’s copyright in its registered designs and grant a permanent injunction restraining the Defendant, its men, agents, or persons acting on its behalf, from in any manner passing off or infringing on the Plaintiff’s copyright from manufacturing, offering for sale or selling any gas stoves with features similar to the Plaintiff’s copyright. The plaintiff further sought for a direction to the defendant to deliver to the plaintiff for destruction of all the infringing frameless gas stoves including all dyes, moulds, cartons, boxes and other packaging material and any other machinery that may be used in the manufacture of the infringing products. The plaintiff has also sought for relief of damages against the defendant.
2. The case of the plaintiff is that they are a leading South Indian Company in the field of manufacturing and marketing of kitchen appliances for over 37 years with products present in over 10 million homes worldwide. The plaintiff states that in 2013, they launched under its brand, VIDIEM, the world’s first frameless gas stove/ gas cook top known as VIDIEM AIR. The Vice- President and Deputy General Manager- Manufacturing of the plaintiff company are said to have been granted registration for 6 designs, as extracted below :-
| SI no. Design No. Title | Date of Registration | ||
| 1. | 272568 | GAS STOVE | June 5, 2015 |
| 2. | 272569 | GAS STOVE | June 5,2015 |
| 3. | 272570 | GAS STOVE | June 5, 2015 |
| 4. | 272571 | GAS STOVE | June 5, 2015 |
| 5. | 276080 | GAS STOVE | September 28, 2015 |
| 6. | 264343 | GAS STOVE | July 30, 2014 |
3. The further case of the plaintiff is that through their Research and Development division, an amount of Rs. 3,64,61,356/- was incurred, resulting in its products being unique and innovative. The plaintiff claims that the advantage of the Plaintiff’s design of the frameless Gas Cook Top over conventional frame model, is its safety as it provides a 360- degree visual feedback. They further submit that in the event of a gas leak or fire at the joints, it can be immediately spotted and the gas can be switched off, preventing accidents. The plaintiff claimed that the model has an enhanced cleaning ability, reduced complexity and a unique sleek and compact design compared to a conventional gas stove. The plaintiff further claims that the Plaintiff’s products were immensely popular due to the aesthetic appeal and was in a position to generate 1,03,447 pieces in a period of 2 years amounting to Rs. 38.47 crores approximately.
4. The grievance of the plaintiff is that the Defendant has imitated every distinctive feature of the Plaintiff’s product with a similar design and features of frameless gas stoves named APEX EVA series. The Plaintiff states that prior to the manufacture of EVA Series, the defendant company produced conventional framed gas stoves. The defendant is said to have copied the frameless feature with thermally treated toughened gas top portion, fitments of burner assembly with heavy gauge brass burned, gas flow pipe assembly and colourful thermoplastic legs. The plaintiff further states that the defendant exactly incorporated the frameless structure mechanism of using the top portion and the leg portion together, which is a key aspect of the Plaintiff’s model.
5. It is pleaded that the promotional video on the Plaintiff’s website exhibiting the distinctive taglines and novel features of the frameless gas stove, were squarely incorporated by the Defendant on the cartons used, to sell the alleged infringing product. The phrases/taglines appearing in the Plaintiff’s video are a
