In a case between Kent RO Systems Ltd. & Anr. v. Kaleem Sarwat & Ors., the Delhi High Court, on 1 October 2024, granted an ex-parte ad-interim injunction in favor of the plaintiffs, Kent RO Systems Ltd. (“Kent”). The suit involved allegations of design infringement, passing off, and damages related to Kent’s registered Design No. 312406, used for water purifiers.
Kent’s Arguments
The plaintiffs contended that the defendants were manufacturing and selling water purifiers identical in shape and design to Kent’s product under the brand “New Aqua Smart,” which was being sold on Defendant No. 2’s platform (Flipkart). The plaintiffs claimed that this imitation led to consumer confusion and amounted to passing off, which was detrimental to their goodwill and reputation in the market.
The Court’s Decision
In its analysis, the court noted the aesthetic uniqueness of Kent’s water purifiers, particularly the transparent upper half and opaque lower half, among other design elements. The Court concluded that the plaintiffs demonstrated that the defendants had copied these distinctive features, resulting in an identical product that created confusion in the market. The Court stated that the infringing products were being sold dishonestly with the intention of benefiting from Kent’s established reputation, which cannot be permitted.
Given that similar interim orders had been passed in an earlier case involving the same product and design, the court found a prima facie case in favor of the plaintiffs. The court concluded that without an interim injunction, Kent would suffer irreparable harm, and the balance of convenience lay with the plaintiffs. Therefore, the court restrained Defendant Nos. 1 and 3 from manufacturing and selling the infringing water purifiers and directed Defendant No. 2 (Flipkart) to remove all listings of the infringing products and disclose the KYC details of the other defendants. The court also allowed Kent to report any future infringements to Defendant No. 2 for prompt removal of infringing listings.
The matter has been listed for further proceedings on 29 January 2025.
Citation: Kent RO Systems Ltd. & Anr. v. Kaleem Sarwat & Ors., CS(COMM) 858/2024 (H.C. Del. Oct. 1, 2024). Available on: https://indiankanoon.org/doc/12479189/
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