DART INDUSTRIES INC Vs. TECHNO PLAST

JUDGEMENT

(1.) THERE are two plaintiffs in this case who have filed this suit for permanent injunction against the defendants under Section 22 of the Designs Act, 2000 read with Section 55 of the Copyright Act, 1957. The plaintiff No. 1 is a company incorporated under the laws of Delaware, USA. The plaintiff No. 2 namely M/s. Tupperware India Pvt. Ltd. is an Indian company. The plaintiff No. 1 claims ownership and possession to the proprietary know- how, innovative technology, intellectual property rights and trade secrets in creating the designs used for the manufacture of its products commonly known as Tupperware products. It is also stated that these products are the result of artistic work in the form of product drawings, mould drawings and moulds and therefore, copyright is also claimed therein. The plaintiff No. 1 has consented and contractually granted to the plaintiff No. 2 the right to use its moulds to manufacture Tupperware products and also granted the right to use and apply the proprietary and registered designs in respect of those products for manufacture and offer for sale in India.

(2.) THE plaintiff No. 1 has registered the proprietary designs in relation to the Tupperware products globally and in India as well. It is stated that since the designs of the Tupperware products are new and original, the same have become extremely popular in the Indian market keeping with the trend in the other countries worldwide and have acquired tremendous goodwill and reputation. By virtue of the extensive and longstanding use, reliability, high quality and wide publicity of the Tupperware products, the plaintiff No. 2 has generated a substantial goodwill and reputation in India for the Tupperware products so much so that these products are identified by the customers by their respective design(s) and for being innovative and high quality products.

(3.) THE plaintiffs have obtained registrations from the Controller General of Patents, Designs and Trade Marks under the Designs Act and Rules, particulars whereof are as under: