SYMPHONY LTD Vs. THERMO KING INDIA PVT LTD

JUDGEMENT

(1.) Symphony Ltd. (hereinafter, 'Plaintiff') has filed the present suit for permanent injunction restraining infringement of its registered designs and for damages. The Plaintiff is a company, which is engaged in the business of manufacturing and selling of consumer home appliances including air coolers. The three models of air coolers of the company, designs of which are registered, are as under:

(2.) Copies of the registration certificates, along with the representation sheets for each of the models have been filed on record and have been exhibited as Ex.PW-1/7, Ex.PW-1/8 & Ex.PW-1/9.

(3.) All the three above designs are registered under the Designs Act, 2000 and are valid. The designs were registered in the name of Mr. Achal Anil Bakeri, who is one of the promoters of Symphony Limited. Vide assignment deed dated 30th October, 2013 (Ex.PW-1/10), the designs have been assigned by Mr. Bakeri to the Plaintiff company, which is promoted by him. Pursuant to the said assignment, the company has since been registered as the subsequent proprietor of the three designs. Ld. Counsel further confirms that all three design registrations have been renewed and are valid.