RELAXO FOOTWEARS LTD Vs. AQUALITE INDIA LTD

JUDGEMENT

(1.) Relaxo Footwears Limited (hereafter 'Relaxo') has filed the present appeal impugning a judgment dtd. 6/5/2019 (hereafter 'the impugned judgment'), passed by the learned Single Judge, whereby Relaxo's application for an interim injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereafter 'the CPC') was dismissed and the application filed by Aqualite India Limited and Aqualite Rubber and Plastics Private Limited (hereafter collectively referred to as 'Aqualite') under Order XXXIX Rule 4 of the CPC, seeking vacation of the ex parte ad interim injunction dtd. 14/12/2018, was allowed. Factual Context

(2.) Relaxo is engaged in the manufacturing and selling of various kinds of footwear and claims that it commenced its business in the year 1976. On 21/6/2017, Relaxo was granted registration of its design relating to footwear (slippers) under The Designs Act, 2000 (hereafter 'the Designs Act') being the design registration bearing no. 294938 (hereafter 'Subject Design'). Relaxo claims that the aforementioned design is novel and unique in particular in respect of the surface pattern, cuts, ridges, curves, graphics.

(3.) Relaxo claims that the Subject Design was originally created with its in-house design team along with a design agency based in the United Kingdom known, as 'The Footsoldiers'. In the year 2018, Relaxo discovered that Aqualite was manufacturing and selling the products, which it claims infringed the Subject Design. In the month of December 2018, Relaxo filed a suit being [no. CS(COMM) No. 1288/2018] before this Court. Relaxo claimed urgent interim relief in the suit (interlocutory application no. 17103/2018) and by an order dtd. 14/12/2018, the learned Single Judge passed an ad interim order, inter alia restraining Aqualite from infringing the Subject Design. Aqualite preferred an appeal being [no. FAS(OS)(COMM) 21/2019] impugning the order dtd. 14/12/2018. The said appeal was disposed of with liberty given to Aqualite, to file an application under Order XXXIX Rule 4 of the CPC.