JOGINDER SINGH Vs. TOBU ENTERPRISES PRIVATE LIMITED

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 51A of the Design Act, 1911 for the cancellation of the registered design of the respondent in respect of tricycles and seats being manufactured by them.

(2.) By a certificate dated 16th August, 1976 the respondent obtained registration No. 144635 under the Design Act of a tricycle which, inter alia, consists of a blow moulded plastic seat as well as blow moulded wheels with a steel handle. The respondent also obtained another registration No. 144636, also on 16th August, 1976, from the Controller of Designs, Calcutta in respect of blow moulded plastic seat. These seats are somewhat in the shape of a duck and, according to the respondent, it was their original design.

(3.) It appears that the petitioner also, after 16th August, 1976, started manufacturing and selling tricycles using somewhat similar blow moulded seats. Thereupon the respondent-herein filed a suit for permanent injunction against the petitioner being Suit No. 459 of 1982. The case of the respondent was that it was the owner of a registered design and the said right of the respondent, to the exclusive use of the said design, had been infringed by the petitioner An ex parte injunction was initially granted which was confirmed on 31st August. 1982 restraining the petitioner-herein from maunfaturing such a tricycle.