SUBASH CHANDER SEHGAL Vs. SONA ENTERPRISES NEW DELHI

JUDGEMENT

(1.) THE plaintiffs have brought the suit against the defendants for permanent injunction and have inter alia claimed the following reliefs -

(2.) THE case of the plaintiffs is that they started the manufacture and sale of scooter beading in 1977 and the said scooter beadings are of distinctive shape, configuration and design. It is further alleged that the special features of the plaintiffs' scooter beadings is the shape and configuration of the main body frame which is registered and duly protected under Design No. 146273 dated 1st December, 1977 under Indian Design Act, 1911. THE plaintiffs have also stated that the scooter beadings under the aforesaid registered design are marketed carrying a tin plate monogram) with the word SURAJ appearing in the top panel and representation of the device of Sun and of two horses resting on the device of a globe and the expression Sehgal Products papering in the bottom panel. THE design of tin plate (monogram) described herein is duly protected under the Copyright Act, 1957, under Registered No. A-20213/78. It is further alleged that by virtue of the registration under the Design Act as also under the Copyright Act, the plaintiffs have acquired and retained an exclusive right to the adoption and use of the distinctive shape and configuration and design in relation to the scooter beadings of their manufacture. It is also stated in the plaint that the defendant is a manufacturer and seller of the scooter accessories and is manufacturing and selling the scooter beadings which are infringements of plaintiff's registered design and/or a colourful and obvious imitation thereof. According to the allegations, the defendant's design and monogram is not a matter of chance but it has been adopted with deliberate intention on the part of the defendant to deceive the ultimate purchaser and to earn profits to which the defendant is not entitled.