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2020 Supreme(Bom) 575

S.C.GUPTE
Frito-lay North America, Inc – Appellant
Versus
Balaji Wafers Pvt. Ltd. – Respondent


Advocates Appeared:
Veerendra Tuljapurkar, Advocate, Hiren Kamod, Advocate, Farid Karachiwala, Advocate, Dhiraj Naik, Advocate, Sneh Parikh, Advocate, Unnati Vijay, Advocate, Shruti Dass, Advocate, Vinod Bhagat, Advocate, Laher Shah, Advocate, Parveen Anand, Advocate, G.S. Hegde, Advocate, V.A. Bhagat, Advocate

JUDGMENT

S.C. Gupte, J. - Heard Learned Counsel for the parties.

    2. This Commercial I.P. Suit is in respect of infringement of a registered design. The Plaintiffs seek a perpetual injunction restraining the Defendant from marketing snack food products embodying the Plaintiffs'' registered design.

      3. Plaintiff No.1 Frinto-Lay North America, Inc. is a Corporation, incorporated under the laws of the State of Delaware, USA. It claims to be one of the largest and best-known manufacturers and distributors of chips, snack foods and related products in the world, with over 50,000 employees. It claims to have originally launched a snack food product by the name of ''LAY''s'' in western countries applying a new design. The Plaintiffs claim to have invented this innovative design, which is a wavelike design, popularly known as "ridge design" having an undulating (up and down) surface. As the product "LAY''s" grew in popularity, Plaintiff No.1 claims to have developed another innovative and unique design which has deeper ridges and crusts throughout the surface. The Plaintiffs claim to have made the product crunchier by application of this peculiar design. The design is registered in India in t

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