VARSHA POLYMERS Vs. MATHEW JOSEPH

JUDGEMENT

(1.) Appellants are the defendants in O. S. No.20 of 2018 before the District Judge, Ernakulam, a suit filed by the respondents invoking the provisions of Designs Act, 2000 (hereinafter referred to as "the Act") praying, inter alia, to restrain the appellants from using the registered design of the respondents or any other design identical or deceptively similar to that of the respondents in manufacturing rainwater gutters and allied products. Along with the suit, an application for temporary injunction as I.A.No.3452 of 2018 was also filed. Court below, on considering the evidence produced and after hearing both sides, passed a temporary injunction in the following manner:

(2.) 1St plaintiff is a registered partnership firm incorporated under the Indian Partnership Act, 1932. 2nd plaintiff is a partner of the 1st plaintiff firm. 1st defendant is yet another partnership firm engaged in the manufacture of plastic and plastic related products. According to the plaint averments, 2nd defendant is a subsidiary and sister concern of the 1st defendant firm. It is averred that defendants 3 and 4 are the partners of the 1st defendant firm.

(3.) 1St plaintiff firm was constituted for the purpose of carrying on business in manufacturing PVC pipes and other related activities. During 2009, the 1st plaintiff firm introduced PVC rainwater gutters into the market. Fine crafting and design techniques adopted by the 1st plaintiff soon gained popularity in the market and it became one of the leading market players in manufacture and sale of PVC rainwater gutters.