Bringing you the Best Analytical Legal News
“The defendant’s pressure cookers are imitative of the suit designs of the plaintiff and the case of piracy under Section 22(1) of the Designs Act, 2000 exists, but due to the expiry, the suit design is now in the public domain and there can be no judgment or decree restraining use of the suit design by anyone.”
Bombay High Court observed that as the plaintiff has failed to make out a prima facie case in its favour, the aspects of the balance of convenience and irreparable loss that the plaintiff may suffer in the absence of interim reliefs, pale into insignificance.
The plea of novelty or originality must be examined vis-à-vis the date of registration of the suit design. The existence, thereafter, of any number of similar designs in the market, or even the publication of any number of similar designs, cannot indicate any want of novelty or originality in the suit design, within the meaning of Section 19(1)(c) or Section 4(a) of the Designs Act.