VIKAS JAIN Vs. AFTAB AHMED

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit was filed seeking permanent injunction restraining infringement of registered design bearing no. 194631 dtd. 23/2/2004 in class 21-01 in respect of a "BOOM SCOOTY", as also reliefs for passing off, delivery up, damages rendition of accounts, etc. The case of the Plaintiff was that the Defendants were infringing the said Scooty design, and had imitated various features of the same including the shape, configuration, and arrangement of features.

(3.) Defendant No.1/Mr. Aftab Ahmed is stated to be the main manufacturer of the Scooty and the other Defendant Nos. 2-5 were engaged in the business of manufacturing plastic toys. Defendant nos. 6&7 were stated to be the owners of the moulding machine used to manufacture the impugned design. The reliefs sought in the suit are as under: