Case Note & Summary
The petitioner, Harish Chhabra, carrying on business as Siri Ram and Sons, filed a petition under the Designs Act, 1911 seeking cancellation of design registration no. 163381 dated 5.7.1991 in class-1 registered by respondent no.1, Bajaj Electricals Ltd. The petitioner claimed to be the registered proprietor of design no. 167584 dated 2/6/1984 for a dome and canopy of a ceiling fan. The petitioner alleged that the respondent's design was not new or original and had been published prior to the date of registration. The petitioner received a cease and desist letter from the respondent in March 1995, prompting the petition. The court examined evidence including prior publications in trade journals and prior design registrations. The court held that the design was not new or original as it had been previously published, and therefore the registration was liable to be cancelled under Section 51A of the Designs Act, 1911. The court allowed the petition and directed the cancellation of the design registration.
Headnote
A) Designs Act - Cancellation of Registration - Section 51A - Prior Publication - The petitioner sought cancellation of design registration of a ceiling fan dome and canopy on the ground that the design was not new or original and had been published prior to registration. The court examined evidence of prior publication in trade journals and prior registrations and held that the design was not new and original, and therefore liable to be cancelled. (Paras 1-10) B) Designs Act - Novelty - Burden of Proof - The burden to prove novelty and originality lies on the person claiming registration. The court found that the respondent failed to discharge this burden as the design was shown to be previously published. (Paras 5-8) C) Designs Act - Prior Publication - Trade Journals - Publication of a design in a trade journal prior to the date of registration constitutes prior publication and invalidates the registration. The court relied on evidence of advertisements in trade journals showing similar designs. (Paras 6-9)
Issue of Consideration
Whether the design registered by the respondent no.1 under Design No. 163381 dated 5.7.1991 in class-1 is new and original and whether it is liable to be cancelled on the ground of prior publication and lack of novelty.
Final Decision
The petition is allowed. The design registration no. 163381 dated 5.7.1991 in class-1 is cancelled. The second respondent is directed to expunge the entry from the register of designs.
Law Points
- Design must be new and original
- Prior publication invalidates design registration
- Burden of proof on registrant to show novelty
- Cancellation of design registration under Section 51A of Designs Act
- 1911
