APL APOLLO TUBES LTD Vs. SURYA ROSHNI LIMITED

JUDGEMENT

(1.) By this order, I proceed to dispose of the aforesaid application filed by the plaintiff to seek ad-interim injunction against the defendant under Order 39 Rule 1 & 2 CPC.

(2.) The plaintiff has filed the present suit alleging infringement of the plaintiff's registered design in respect of a Hollow Section Pipe ­ which the plaintiff claims, as novel and original. The plaintiff claims that novelty and originality in the Hollow Section Pipe designed by the plaintiff resides in its shape and configuration which gives the Hollow Section Pipe an original, unique, new and distinctive configuration, look and feature, which was not available in the market earlier and the same was designed and introduced for the first time by the plaintiff. The plaintiff claims that its original and novel design was not published in India or in any other country, and it was not disclosed to the public anywhere in or outside India prior to the date of filing of the plaintiff's application for registration of its design. The plaintiff claims that the novelty and originality of the design is as a result of research and development done by its designing team. The design of the plaintiff has special ocular features which appeal to the eye, because of its shape and configuration.

(3.) The said Hollow Section Pipe is claimed by the plaintiff to be in use in amusement parks, playground equipment, signages, leisure equipment, furniture, transport industries, ceiling support systems, support structures, prefabricated structures etc. It is used as a preferred alternative for rolled products like angles, channels and beams. It is also used for fluid and wire conveyance and can also be used as a door frame.