BHATIA ENTERPRISES Vs. SUBHASH ARORA

JUDGEMENT

(1.) I.A. No. 14807/2012 (under Order XXXIX Rules 1 and 2 CPC by plaintiff)

(2.) Defences to a suit claiming infringement of a registered design are basically under Sec. 19 of the Act and as per which essentially prior publication is a ground which will defeat a suit claiming infringement on the ground of registration of a design.

(3.) It is trite that the design which is the subject matter of registration under the Act is a design with relation to its application to an article. A design or a shape or combination of shapes or features/figures may otherwise be known but it may not have been applied with respect to a particular article. It is with respect to application of a design to an article that it gives the benefit of innovation of a design under the Act and this aspect is made clear by the definition of 'design' under Sec. 2(d) of the Act.