ALERT INDIA Vs. NAVEEN PLASTICS

JUDGEMENT

(1.) Application (IA No.8597/96) under Order 39 Rules 1 & 2 and section 151 C.P.C. is of the plaintiff for temporary ad-interim injunction against infringment of registered design of the plaintiff in respect of Soles of footwear and for passing off in a suit for permanent injunction filed by plaintiff under section 53 of the Designs Act, 1911 (hereinafter called 'the Act') seeking injunctions against infringement of their registered design No.170002 in respect of Soles of footwear registered and for passing off and ancilliary reliefs of rendition of accounts, damages and for delivery and destruction of the infringing goods and the dies used for their manufacture.

(2.) It is alleged that the plaintiff is a partnership firm and is a leading and renowned manufacturer of Soles of Footwear; which are of superior quality and enjoy enviable reputation and position in the market; their sales in this design have mounted to about Rs.50 Lacs; the design of their Soles of Footwear is registered as No.170002 under the Act in the name of the plaintiff as its proprietor; that the plaintiff on or about 10th August, 1996 came to know that the defendants are using for sale of soles of footwear with design which is identical with/ fraudulent or obvious imitation of the aforesaid registered design of the plaintiff; without the licence or consent of the plaintiff and thereby they are infringing the registered design of the plaintiff and thus are committing piracy of the said registered design of the plaintiff and thereby passing off goods as those of the plaintiff, they are thereby causing damage to the reputation, goodwill and monetary loss to the plaintiff. The plaintiff have claimed reliefs of injunction against infringement of their registered design, passing off etc. Plaintiff alongwith the suit have filed impressions of their registered design of their sole and also of the infringing sole of the defendant.

(3.) On 19.9.1996 an exparte ad-interim injunction was granted restraining the defendants, their servants, and agents from manufacturing and selling soles with design similar to the registered design of the plaintiff.