STRIX LIMITED Vs. MAHARAJA APPLIANCES LIMITED

JUDGEMENT

(1.) THIS is an application filed by the Plaintiff under Order 39 Rules 1 &

(2.) CPC seeking an ad-interim injunction to restrain the Defendant from infringing the registered design and patented invention of the Plaintiff under No. 192511/95 or any part thereof as detailed in the claim of the patent. An interim injunction is also sought against the Defendant to restrain it from manufacturing, using, selling and/or importing the Maharaja Whiteline electric kettle Model No. EK 172. 2. The Plaintiff states that it is a company incorporated in the year 1951 under the name and style of Castletown Thermostats and existing under laws of the Isle of Man having its registered address at Forrest House, Ronaldsway, Isle of Man, IM92RG, British Isles. The name of the Plaintiff was changed to Strix Limited in the year 1981.

(3.) THE controls/inventions of the Plaintiff are used by the kettle manufacturers to give their products extra features. They are designed to work in conjunction with the heating element of kettles and are the means to the kettle switching off when the water boils, thus protecting them from getting damaged in case the appliance is not filled with liquid. A list of the famous brands selling appliances that contain the Plaintiffs controls has been set out in paragraph 6 of the plaint. It is claimed that these include Philips, Tefal, Rowenta, Morphy Richards, Russell Hobbs, Braun, Kenwood and Bosch Siemens.