Bombay High Court: In a case filed by Atomberg Technologies Private Limited (‘plaintiff’) seeking temporary injunction as Polycab India Limited (‘defendant’) has a blatantly infringed by creating replica and/or reproduction of the overall design, shape, configuration, get-up of the Plaintiff’s Atomberg Renesa Ceiling Fan, R I Chagla, J. granted injunction against defendants as there is prima facie infringement of the Plaintiff’s registered design and passing off is made out as well as the balance of convenience also lies in favour of the Plaintiff and unless the reliefs as prayed is not granted, the Plaintiff will suffer irreparable loss, harm and injury.
Plaintiff is engaged in the creation of the novel and original designs for its products which involve inter-alia making of product drawings based on which mould / tool drawings are made and finally the moulds / tools are built. One of the products manufactured and sold by the Plaintiff is a Ceiling Fan named “Atomberg Renesa Ceiling Fan” which has a unique, innovative, distinctive, original and novel design formerly known as “Atomberg Gorilla Renesa Ceiling Fan” having technically sound and efficient quality and features, but also comprises inter-alia of overall unique, novel and distinctive shape and configuration having attractive and aesthetic appeal which is pleasing to eye of the consumer/ customer.
According to the Plaintiff, in or about the last week of August 2022, the Plaintiff’s representative learnt about the Defendant’s is selling fan on Flipkart and Amazon among others under the name Polycab Wizzy / Polycab Wizzy BLDC 1200 MM having shape, configuration, design and aesthetic appeal that is identical with and/or a fraudulent imitation and/or obvious imitation of the shape, configuration, design of the Plaintiff’s Atomberg Renesa Ceiling Fan for which the Plaintiff has secured design registration.
The Court noted that visually the rival goods are nearly identical and prima facie, it appears that the Defendant has blatantly copied, created a replica and/or reproduced the overall design, shape, configuration, get up of the Plaintiff’s Atomberg Renesa Ceiling Fan. The design of the impugned fan is nothing but an imitation of the Plaintiff’s registered design and the adoption and/or use thereof cannot be matter of coincidence and/or honesty.
It further noted that the members of the trade and public upon coming across the Defendant’s impugned fan are bound to be put in a state of wonderment and are likely to be confused and deceived into believing that the fans offered by the Defendant are those of the Plaintiff and are originating from the Plaintiff and are connected in the course of the trade with the Plaintiff.
The Court thus granted the prayer sought.
[Atomberg Technologies Private Limited v. Polycab India Limited, 2022 SCC OnLine Bom 2845, decided on 14-09-2022]
Advocates who appeared in this case :
Mr. Hiren Kamod a/w Mr. Vaibhav Keni, Ms. Neha Iyer, Mr. Rohan Lopes Mr. Anees Patel and Mr. Prem Khullar i/b Legasis Partners for the Plaintiff;
Mr. Vinod Bhagat a/w Ms. Prachi Shah, Ms. Fatema Kalolwala, Mr. Atif Sayyed and Mr. Karan Khiani i/by G.S. Hegde and V.A. Bhagat for the Defendant.
*Arunima Bose, Editorial Assistant has put this report together.