Bombay High Court Grants Interim Injunction in Design Infringement and Passing Off Case — Cello's PURO Bottle Design Held Prima Facie Novel and Original, Modware's Product Found Indistinguishable. The court found that the defendants' bottle was identical in shape, configuration, and surface ornamentation to the plaintiffs' registered design under the Designs Act, 2000, and that the packaging was also deceptively similar, warranting interim relief.

High Court: Bombay High Court Bench: BOMBAY In Favour of Prosecution
  • 116
Judgement Image
Font size:
Print

Case Note & Summary

The plaintiffs, Cello Household Products and Cello Plastic Industrial Works, filed a suit for design infringement and passing off against Modware India and Praveen Murarka. The plaintiffs claimed that they had designed a unique water bottle called 'PURO' and had obtained registration under the Designs Act, 2000. They alleged that the defendants had copied the design of their bottle and were selling an identical product, including the packaging. The court examined the designs and found that the defendants' bottle was indistinguishable from the plaintiffs' registered design in shape, configuration, and surface ornamentation. The court also noted that the packaging was remarkably similar. The court held that the plaintiffs had made out a strong prima facie case for infringement and passing off, and that the balance of convenience was in their favour. The court granted an interim injunction restraining the defendants from manufacturing, selling, or dealing in bottles that infringe the plaintiffs' registered design and from passing off their goods as those of the plaintiffs. The court also appointed a court receiver to take possession of the infringing goods.

Headnote

A) Design Law - Infringement - Section 22 of Designs Act, 2000 - Interim Injunction - Plaintiffs claimed design infringement of their registered design for PURO bottle - Court compared the designs and found defendants' bottle identical in shape, configuration and surface ornamentation - Held that plaintiffs have a strong prima facie case and balance of convenience is in their favour (Paras 1-30).

B) Passing Off - Packaging - Common Law - Plaintiffs also claimed passing off due to similar packaging - Court noted remarkable similarity in packaging and held that defendants' adoption was not coincidental - Held that plaintiffs are entitled to interim relief in passing off as well (Paras 1-30).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the plaintiffs have made out a prima facie case for grant of interim injunction restraining the defendants from infringing the registered design of the PURO bottle and from passing off their goods as those of the plaintiffs.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The court allowed the Notice of Motion and granted an interim injunction restraining the defendants from manufacturing, selling, or dealing in bottles that infringe the plaintiffs' registered design and from passing off their goods as those of the plaintiffs. The court also appointed a court receiver to take possession of the infringing goods.

Law Points

  • Design infringement
  • passing off
  • interim injunction
  • novelty and originality under Designs Act 2000
  • comparison of designs
  • balance of convenience
  • irreparable loss
Subscribe to unlock Law Points Subscribe Now

Case Details

2017 LawText (BOM) (03) 196

Notice of Motion (L) No. 209 of 2017 in Suit (L) No. 48 of 2017

2017-03-30

G.S. Patel, J

2017:BHC-OS:3842

Mr VV Tulzapurkar, Senior Advocate, with Hiren Kamod & Gautam Panchal, i/b Gautam & Co (for Plaintiffs); Mr Harshit Tolia, with Rajendra Bhansali, & Mandar Soman (for Defendants)

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Civil suit for design infringement and passing off.

Remedy Sought

Interim injunction restraining defendants from infringing registered design and passing off, and appointment of court receiver.

Filing Reason

Defendants allegedly copied the plaintiffs' registered design of PURO water bottle and sold identical products with similar packaging.

Previous Decisions

None mentioned.

Issues

Whether the plaintiffs have a prima facie case for design infringement under Section 22 of the Designs Act, 2000. Whether the plaintiffs have a prima facie case for passing off. Whether the balance of convenience lies in favour of the plaintiffs.

Submissions/Arguments

Plaintiffs argued that their PURO bottle design is novel and original, and the defendants' product is identical in every respect, including shape, configuration, and surface ornamentation. Plaintiffs also argued that the packaging is deceptively similar, indicating deliberate copying. Defendants likely argued that the design is not novel or that there are differences, but the judgment does not detail their arguments.

Ratio Decidendi

The court held that a comparison of the designs showed that the defendants' bottle was indistinguishable from the plaintiffs' registered design, establishing a strong prima facie case of infringement. The balance of convenience was in favour of the plaintiffs as they would suffer irreparable loss if the injunction was not granted.

Judgment Excerpts

The action is in design infringement and passing off. The design in question is of a plastic water bottle. The Plaintiffs claim to have designed a unique water bottle —in the words of the Designs Act 2000, one that has both novelty and originality. Cello says the Defendants illicitly brought into the market a product that is indistinguishable in every single respect, down even to the colours of the water bottles.

Procedural History

The suit was filed as Suit (L) No. 48 of 2017 along with Notice of Motion (L) No. 209 of 2017 for interim relief. The court heard the motion and delivered judgment on 30th March 2017.

Acts & Sections

  • Designs Act, 2000: Section 22
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court High Court of Karnataka Allows Insurance Company's Appeals in Motor Accident Claims — Reduces Compensation Due to Lack of Proof of Income and Negligence. The court held that in the absence of evidence of income and negligence, the compensation awar...
Related Judgement
Supreme Court Supreme Court Upholds Ayurvedic Doctors' Entitlement to Enhanced Superannuation Age and Arrears in Discrimination Case. Discrimination between allopathic and ayurvedic doctors regarding superannuation age violates Article 14 of the Constitution, enti...