RAVINDER KUMAR GUPTA Vs. RAVI RAJ GUPTA

JUDGEMENT

(1.) This is a petition under section 51-A of the DesignsAct, 1911 (for short the 'Act') for cancellation of design No. 150873 in class 4by the Controller of Patents and Designs who is respondent No. 2 in thepetition. This design pertains to glass tiles in the name of R&M Co., afirm of which Ravi Raj Gupta, respondent No. 1, is the proprietor. The dateof design is 8/06/1981. It is mentioned in the certificate that the noveltyof this design resided in the shape and configuration and in particular to therounded corners and on the mottling design on the top and side walls of theglass tiles and registration of the desing with rounded corners is shown in thecertificate. This certificate also recites as under :

(2.) The petitioner is also a manufacturer of glass mosaic tiles andcarriers on his business in the name of Kalpana Tiles. It is not disputedthat he is a person interested to file the present petition for cancellation of theregistration of the design. The petitioner claims that he is hampered in histrade because of registration of the design. In the petition he has givengrounds on the basis of which he seeks cancellation of the design.

(3.) Respondent No. 1 filed his written statement. He objected to thejurisdiction of this Court to try the present petition. He stated that prior tothe design the glass tiles which were being manufactured and sold in Indiawere of sharp edged corners and without mottles and that it was respondentNo. 1 who conceived distinct and improved shape of the glass tiles and theregistration of the design was thus granted to him. He further stated that theoriginality and novelty in the design resided in the rounded corners of theglass tiles and mottling on its surface and the sides.