FRONTLINE POLYMERS PRIVATE LIMITED Vs. ALOYSIOUS.C.C

JUDGEMENT

(1.) An interim order of injunction granted in a suit under the Designs Act, alleging piracy of a registered design, is under challenge by the defendant.

(2.) The product in respect of which the dispute has arisen between the parties is a storage water tank viz. "Hopper bottom water tank with inbuilt legs". According to the plaintiff, he has obtained registration for the design as per Ext.A9 on 12.07.18.

(3.) The contention of the defendant is that they have been using the said design and selling the products in the market with the said design since the year 2016. The defence set up is essentially, "prior publication of the design".