Case Note & Summary
The respondent, M/s Whirlpool of India Limited, filed a suit against the appellant, M/s Videocon Industries Limited, alleging infringement of its registered designs for washing machines under the Designs Act, 2000. Whirlpool had registered two designs (Nos. 223833 and 223835) on 15 July 2009, for the shape and configuration of washing machines. In June 2012, Whirlpool discovered that Videocon was marketing a washing machine with a similar design, shape, and configuration. Whirlpool sought an interim injunction, which was granted by the trial court. Videocon appealed, arguing that the designs were not novel or original, had been prior published, and that the injunction was not justified. The High Court examined the designs and found that Videocon's washing machine was identical in shape and configuration to Whirlpool's registered designs. The court noted that Whirlpool had launched its product only after registration, and there was no evidence of prior publication. The court also rejected Videocon's argument that the designs were not new or original, as the combination of square and rounded sides was distinctive. The court upheld the interim injunction, finding that the balance of convenience was in favor of Whirlpool and that Videocon had not made out a case for cancellation of the registration. The appeal was dismissed.
Headnote
A) Designs Act, 2000 - Infringement of Registered Design - Interim Injunction - The trial court granted interim injunction restraining the appellant from marketing washing machines that were deceptively similar to the respondent's registered designs - The appellate court upheld the injunction, finding that the designs were novel and original, and that the appellant's product was identical in shape and configuration - Held that the balance of convenience was in favor of the respondent and that the designs were not prior published (Paras 1-29). B) Designs Act, 2000 - Section 19 - Cancellation of Registration - The appellant sought cancellation of the respondent's design registration on grounds of prior publication and lack of novelty - The court held that the designs were not prior published as the respondent had launched the product only after registration, and the appellant failed to prove that the designs were not new or original - Held that the registration was valid and the appellant could not rely on unregistered designs (Paras 10-20). C) Designs Act, 2000 - Passing Off - The respondent also claimed passing off, but the court did not decide on this ground as the injunction was granted on the basis of design infringement - Held that the issue of passing off was not necessary to decide at this stage (Para 29).
Issue of Consideration
Whether the trial court was justified in granting interim injunction restraining the appellant from marketing washing machines allegedly infringing the respondent's registered designs, and whether the designs were novel and original or had been prior published.
Final Decision
The appeal is dismissed. The interim injunction granted by the trial court is upheld.
Law Points
- Design infringement
- passing off
- interim injunction
- comparison of designs
- novelty and originality
- prior publication
- cancellation of design registration
