Kickstarting our series on India’s design law, we explore three significant verdicts that shed light on the nuances of intellectual property protection.
Adoption of strikingly similar Sonic Nozzle Design prima facie amounts to infringement, says Calcutta High Court.
The Calcutta High Court recently granted an interim injunction in favour of Raring Corporation with respect to its registered design pertaining to the sonic nozzle used in dust collection and suppression equipment. The Court stated that the defendant’s nozzle is strikingly similar to the registered design and that the defendant failed to prove that the design was merely functional or prior published. To prove the functionality of a design, the Court pointed out that the form must be directly related to the function, and if different forms can achieve the same function, form and function merger will not exist.
Citation: The Raring Corporation And Anr Vs. Neogie Engineering Works Pvt Ltd [IA NO: GA/1/2023]
Design of Musical Keyboard of Casio is Prima Facie Infringed, says Delhi High Court.
In a case involving the registered design of the shape and configuration of a musical keyboard, the Delhi High Court upheld the interim injunction granted by the trial court in favour of Casio against Riddhi Siddhi. The Defendant in the case argued for vacation of the injunction based on design invalidity, which the Court did not agree. While arriving at its decision, the Court pointed out that the Defendant failed to adduce any valid evidence to prove that the design was prior published and that it was not novel.
Citation: Casio Keisanki Kabushiki Kaisha D/B/A Casio Computer Co. Ltd. Vs. Riddhi Siddhi Retail Venture and Ors. [CS (COMM) 537/2022 and I.A. 12437/2022]
Copying the depression in Prestige’s pressure cooker amounts to prima facie design infringement, says Delhi High Court.
The Delhi High Court recently restrained KCM Appliances from selling pressure cookers that had a similar depression as that of Prestige’s registered design relating to pressure cookers. Prestige’s design primarily covered cookers with a depression on the lid that collected froth, and the Court found that the design was prima facie infringing. It rejected the pleading of design cancellation/invalidity based on novelty, publication, and functionality.
In this case, Justice Hari Shankar has put together a very useful compilation of design principles, and it is a must-read case for this reason.
Citation: TTK Prestige Ltd. Vs. KCM Appliances Private Limited [CS (COMM) 697/2022]
As India’s design law landscape undergoes transformation, the intricacies of each case offer invaluable learning. It’s imperative not only to remain updated but also to grasp the underlying principles shaping these judgments. At BananaIP, we pride ourselves on our expertise in Intellectual Property matters, striving to provide you with precise insights and robust protection for your designs. Stay tuned for our next installment, as we continue to decode more landmark decisions in this evolving domain.
