PAWAN DEEP SINGH BAHL Vs. PRINCEP SUPPLY AGENCY

JUDGEMENT

(1.) The plaintiff has filed this suit seeking reliefs of permanent injunction, restraining piracy of industrial design, infringement of copyright and passing-off, along with rendition of accounts of profits, delivery-up and damages with respect to Registered Industrial Design No. 182353.

(2.) The plaintiff is the sole proprietor of the trading firm, A. Paul Instruments (Delhi). The plaintiff's case is that he, either by himself or through his licensees and sister-concerns, is engaged in the manufacturing and marketing of rail thermometers and related equipment. The specific product of the plaintiff, which is the subject-matter of the instant suit is called "Plug with Thermostat" or "Mercury in Glass Thermostat". The plaintiff states that these are products of his own inventive creation, which is the result of his efforts and skills and that he owns all the intellectual property rights in the said products as well as the drawings. The plaintiff submits that he is the registered proprietor of the Industrial Design bearing No. 182353 dated May 16, 2000.

(3.) The plaintiff submits that the said thermostat, developed by him is of an extremely compact design and the overall product has an aesthetic appeal as compared to other thermostats available in the market. As a result, the thermostats designed by him achieved tremendous popularity in the market. He submits that the qualities of his products have been recognized by the Research Design and Standards Organisation, Ministry of Railways, Govt. of India (RDSO), which has made the plaintiff and his sister concerns as the only approved supplier of thermostat assemblies to the railways.