Monday, May 17, 2010

Designs Act, 2000

Designs Act, 2000
Sections 11 & 22
Civil Procedure Code, 1908
Order 39 Rule 1 & 2 .

Dabur Amla a well known brand in hair Oil marketed in plastic bottles shaped with a semicircular shoulder with curvaceous back and front panel tapering into each other, thereby providing a novel and original overall appearance .

HELD
That the bottles and caps used by the Defendants, produced before us (in addition to the photographs forming part of the record) deceptively similar to that of the plaintiff.
Mere fact that there may have been a registration in the U.S in respect of similar bottles and caps cannot come in the way of the plaintiffs seeking an order restraining the Respondent from infringing its registered design therefore interim injunction granted

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