WHIRLPOOL OF INDIA LTD. Vs. VIDEOCON INDUSTRIES LTD.

JUDGEMENT

(1.) The Plaintiff is a subsidiary of Whirlpool Corporation, a Company incorporated under the laws of the United States. According to the Plaintiff Whirlpool Corporation is one of the world's leading manufacturers of home appliances globally and a pioneer in the manufacture and sale of washing machines. According to the Plaintiff, it is a pioneer in India for washing machines and manufactures all three types of washing machines viz. semi automatic, fully automatic (top loading) and a fully automatic (front loading) targeting different segments of consumers.

(2.) According to the Plaintiff, it has obtained two design registrations i.e. Nos. 223833 and 223835 which are annexed at Exhibits A1 and A2 at pages 40 and 45 of the Plaint (the said designs). The said design registrations are valid, subsisting and in force for a period of ten years from 15th July, 2009, and their validity can be extended for an additional period of five years thereafter.

(3.) The Plaintiff in the circumstances filed the present suit against the Defendant for infringement of the said designs; passing off; and damages. The Plaintiff also took out a Notice of Motion in the Suit and moved for an ad interim injunction against the Defendant, before this Court on 25th July, 2012 (Coram: B.R. Gavai, J.). The Learned Single Judge by his detailed order dated 25th July, 2012, was pleased to grant an adinterim injunction in respect of both infringement and passing off. The Defendant's challenge to the said decision of the Learned Single Judge was rejected by the Appeal Court (Coram: Mohit Shah, C.J. and Jamdar, J.) by its order dated 13th August, 2012.