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).
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.
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
