PARESH D PATEL Vs. N PARMAR

JUDGEMENT

(1.) THE plaintiffs, namely Mr.Paresh D.Patel (plaintiff No.1) and Vardayini Power Private Limited (plaintiff No.2) filed Regular Civil Suit No.96 of 2012 in the City Civil Court at Ahmedabad, praying for grant of a permanent injunction restraining the defendant, their servants, agents, dealers and distributors from manufacturing, marketing and using their design registered under No.230537 in Class 2304 on 29.07.2010, in respect of Ductable air conditioners and/or any unit/ product/ air conditioner, which is having similar type and configuration or material reproduction of the plaintiffs' registered design. The plaintiffs have also prayed for grant of a permanent injunction restraining the defendant from printing, publishing, using, marketing, copying or imitating the design of Ductable air conditioner, its drawings and parts thereof, and to restrain them from committing infringement of the plaintiffs' Registered design.

(2.) THE plaintiffs have moved an application for grant of temporary injunction, interalia, making a prayer to restrain the defendants, their agents, servants, dealers and distributors from manufacturing, marketing, using, printing, publishing, copying or imitating the design of Ductable airconditioners, its drawings and parts thereof, and from committing infringement of the plaintiffs' registered design.

(3.) IT is the case of the plaintiffs that plaintiff No.1 is in the business of providing services related to lighting since the year 1994 under the sole proprietorship concern named Vardayini Power Private Limited. Subsequently, plaintiff No.1 started a smallscale project of housewiring. Pursuant thereto, plaintiff No.1 started the business of lighting decoration in the year 1997. In the year 2001, he entered into the business of providing services relating to supply of generators on rent under the name of Vardayini Lighting, in addition to the other services which he was providing earlier.