KADAMBUKATTIL EXPORTS Vs. NILKAMAL LTD

JUDGEMENT

(1.) Ext. P-6, order dated 22-10-2012 on I.A. No. 489 of 2012 in O.S. No. 2 of 2012 of the Additional District Court, North Paravur is under challenge at the instance of petitioner/defendant. Respondent filed the suit under the Designs Act, 2000 (for short, "the Act") for a decree for prohibitory injunction against infringement of two designs claimed by it. According to the respondent, it has registered design Nos. 177413 and 219383 with effect from 16-9-1998 and 21-10-2008, respectively. Petitioner is engaged in the manufacture and exposition for sale etc., models of moulded plastic chairs infringing the above designs. Hence the suit for reliefs under Sec. 22(1) and (2) of the Act.

(2.) Petitioner interalia, contended that designs allegedly registered by the respondent are not new or original the same having been already registered and published in the United States of America (for short, " the United States"). It is contended that registration of designs in favour of the respondent is liable to be cancelled under Sec. 19 of the Act. Petitioner filed I.A. No. 489 of 2012 under Sec. 22(4) of the Act requesting the learned Additional District Judge to transfer the suit to this Court for trial and disposal. The said application was resisted by the respondent on various grounds including that averments ir the written statement of petitioner lacked details so far as alleged publication it any of the designs in the United States.

(3.) Learned Additional District Judge accepted the objection raised by the respondent and dismissed I.A. No. 489 of 2012. Ext. P-6, order is under challenge.