VIDEOCON INDUSTRIES LIMITED Vs. WHIRLPOOL OF INDIA LIMITED

JUDGEMENT

(1.) The trial Court by the impugned order has restrained the appellantdefendant 'Videocon Industries Ltd., from marketing a certain design of washing machine. According to respondent-plaintiff M/s.Whirlpool India Ltd., the appellant M/s.Videocon Industries Limited has infringed the designs registered by M/s Whirlpool India Ltd. and is also guilty of passing off the said product.

(2.) The respondent M/s Whirlpool India Ltd (referred hereinafter as 'Whirlpool') filed suit bearing Suit (lodging) No.1675 of 2012 in this Court seeking an injunction invoking provisions of the Designs Act, 2000 (hereinafter referred to as the 'said Act') against appellant M/s Videocon Industries Pvt. Limited (hereinafter referred as 'Videocon').

(3.) In the suit Whirlpool contended: It had registered two designs of washing machines on 15 th July, 2009. The designs were registered for shape and configuration of washing machines in Class No.15-05. The designs were :