S.J. KATHAWALLA, J.

1. The Plaintiff is a subsidiary of Whirlpool Corporation, a Company incorporated under the laws of the United States. According to the Plaintiff Whirlpool Corporation is one of the world's leading manufacturers of home appliances globally and a pioneer in the manufacture and sale of washing machines. According to the Plaintiff, it is a pioneer in India for washing machines and manufactures all three types of washing machines viz. semi automatic, fully automatic (top loading) and a fully automatic (front loading) targeting different segments of consumers.

2. According to the Plaintiff, it has obtained two design registrations i.e. Nos. 223833 and 223835 which are annexed at Exhibits A1 and A2 at pages 40 and 45 of the Plaint (the said designs). The said design registrations are valid, subsisting and in force for a period of ten years from 15th July, 2009, and their validity can be extended for an additional period of five years thereafter. In or about June, 2012, the Plaintiff came across a washing machine manufactured and marketed by the Defendant – Videocon Industries Ltd. under the brand name “Videocon Pebble” which had virtually the same and/or simi