KAMDHENU LIMITED Vs. AASHIANA ROLLING MILLS LTD

JUDGEMENT

(1.) The appellant (hereafter 'Kamdhenu') has filed the present intra-court appeal impugning the judgement dtd. 12/5/2021 (hereafter 'the impugned judgement'), whereby the learned Single Judge allowed the application filed by the respondent (hereafter 'Aashiana') under Order XIII-A of the Code of Civil Procedure, 1908 (hereafter 'the CPC') and dismissed the suit filed by Kamdhenu, being CS (COMM) 90/2018. The appellant had filed the said suit alleging infringement of its registered design regarding the surface pattern on steel rods.

(2.) The learned Single Judge found that the design in question was a prior published design and held that the registration of the said design was contrary to Sec. 4 of the Designs Act, 2000 (hereafter 'the Act'). Kamdhenu contends that the said finding is erroneous as the prior published design in question (British Standard B500C) is an industry standard and several surface designs are conceivable conforming to the said standard.

(3.) Kamdhenu is engaged in the business of manufacturing and marketing steel bars and other allied goods under the name and trademark 'KAMDHENU'. Kamdhenu claims that it created and developed a unique design, having new and original features of surface pattern, comprising of double ribs applied to steel bars, in the year 2012-2013.