In a recent move, GM Modular Pvt. Ltd., a Mumbai based company engaged in the business of manufacturing various electrical appliances including switches filed a suit against Syska LED Lights for alleged infringement of its registered design before the District Court, Saket, New Delhi.

GM Modular Registered Design

SYSKA’s Light

 

It was argued by GM Modular (Plaintiff in the matter) that they have developed a uniquely designed LED surface light in the year 2016 and secured a registration over the same under the Design Act, 2000.

The Plaintiff also argued that its products under the said design are an instant hit in the market and it has made substantial sale from its products under the said design from 2016 till date.

In support of its claim for infringement, the Plaintiff relied on the precedents held in Castrol India Ltd. vs Tide Water Oil Company India Ltd. and Hindustan Sanitary ware and Industries Ltd. vs. Dip Crafts Industries. The Hon’ble High Court of Calcutta in its Judgment of Castrol India (supra) has held that “…But in cases of infringement of design the question is not whether the similarity has or is likely to cause confusion or deception of a purchaser but whether the similarity is an imitation of the registered design sufficient to destroy the exclusive right of user of the proprietor despite the fact that no confusion is or may be caused as to the source of the goods.”

The said principle has also been lauded by the Hon’ble Delhi High Court in the judgment of Hindustan Sanitary ware (supra), where it has been held that “…The Court has to judge the similarity or the difference of a particular design through the eye alone, as was held by the Calcutta High Court in Castrol India Ltd. vs Tide Water Oil Company India Ltd.”

In the ex-parte interim order, the Hon’ble Court opined that in judging the articles, solely by the eyes, Defendant’s products appear to be an obvious imitation to the registered design of the Plaintiff. The Court further held that on account of similarity of the Defendant’s article with the Plaintiff’s article, innocent purchasers may confuse the articles of the Defendant as that of Plaintiff.

Consequently, Hon’ble Court has restrained Syska from applying the design of the Plaintiff on its article till further order/s.

Read Order @LatestLaws.com:

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