Case Note & Summary
The Plaintiffs, Frito-Lay North America, Inc. and others, filed a Commercial IP Suit alleging infringement of their registered designs for potato chips. The Plaintiffs are manufacturers of snack foods and claim to have invented a wave-like ridge design for potato chips, which is registered in India under design numbers 240391 and 240392. The Plaintiffs market these chips under the brand 'Lay's Maxx Chips' in India and 'Ruffles' elsewhere. The Defendant, Balaji Wafers Pvt. Ltd., an Indian company, started marketing potato chips under the brand 'Rumbles' with a design that the Plaintiffs claim is identical or deceptively similar to their registered designs. The Plaintiffs sought a perpetual injunction restraining the Defendant from using the infringing design. The court, after hearing both sides, considered the principles for granting an interim injunction in design infringement cases. The court compared the registered designs with the Defendant's product and found them to be identical or deceptively similar. The court rejected the Defendant's argument that the design was not new or original and had been published prior to registration, noting that the registration certificate is prima facie evidence of validity and the Defendant failed to produce any prior publication. The court held that the Plaintiffs had made out a prima facie case, the balance of convenience was in their favor, and they would suffer irreparable loss if the injunction was not granted. Accordingly, the court granted an interim injunction in terms of prayer clause (a) of the Interim Application, restraining the Defendant from manufacturing, selling, or marketing snack food products embodying the Plaintiffs' registered designs.
Headnote
A) Design Law - Infringement of Registered Design - Interim Injunction - Sections 22, 19, 4, 5 of Designs Act, 2000 - The court considered whether the Defendant's product 'Rumbles' infringed the Plaintiffs' registered designs for potato chips having a wave-like ridge design. The court held that the Plaintiffs had made out a prima facie case of infringement, the balance of convenience was in their favor, and they would suffer irreparable loss if injunction was not granted. (Paras 1-11) B) Design Law - Comparison of Designs - Test of 'eye of the Court' - The court compared the registered designs and the alleged infringing product and found them to be identical or deceptively similar. The court noted that the overall impression of the designs was the same, and the minor differences were insignificant. (Paras 5-7) C) Design Law - Novelty and Originality - Prior Publication - The Defendant argued that the design was not new or original and had been published prior to registration. The court rejected this argument, noting that the registration certificate is prima facie evidence of validity and the Defendant failed to produce any prior publication. (Paras 8-10)
Issue of Consideration
Whether the Plaintiffs are entitled to an interim injunction restraining the Defendant from marketing snack food products embodying the Plaintiffs' registered designs.
Final Decision
The court allowed the Interim Application and granted an interim injunction in terms of prayer clause (a) restraining the Defendant from manufacturing, selling, or marketing snack food products embodying the Plaintiffs' registered designs.
Law Points
- Design infringement
- interim injunction
- prima facie case
- balance of convenience
- irreparable loss
- comparison of designs
- novelty and originality
- prior publication
