MICROFIBRES INC Vs. GIRDHAR AND CO

JUDGEMENT

(1.) THIS appeal bearing RFA (OS) No.25/2006 arises out of the judgment of the learned Single Judge dated 13th January, 2006 in Suit No. 1480/2002.

(2.) SINCE certain common issues arise in this appeal and the other two appeals i.e. FAO (OS) No. 326/2007 filed by Dart Industries Inc. and FAO (OS) No. 447/2008 filed by Mattel Inc., on the question of interpretation of Section 2(c) of the Copyright Act read with Section 2(d) of the Designs Act and Section 15(2) of the Copyright Act and their interplay with each other, we have permitted the parties in the connected appeals also to make submissions on the common legal principles arising in these appeals. However, the aforesaid two appeals bearing FAO(OS) Nos. 326/2007 and 447/2008 will be taken up for hearing on facts and other pleas after the pronouncement of the judgment in the present appeal bearing RFA(OS) No. 25/2006 in the appeal titled Microfibres v. Girdhar & Co. and Anr.

(3.) THE respondents are also manufacturers of upholstery fabrics and the learned Single Judge in the judgment challenged in this court has held that the upholstery fabrics of the respondent do incorporate/reflect the designs founded upon the appellant's artistic works or a substantial reproduction thereof.