MARICO LTD Vs. RAJ OIL MILLS LTD

JUDGEMENT

(1.) By this Notice of Motion, the plaintiff seeks an injunction restraining the defendant from infringing or pirating the registered design of the plaintiff and from manufacturing or selling any article embodying the plaintiff's registered design or applying the plaintiff's registered design or any imitation thereof to/on/upon the bottle caps of the defendant's products or any other article. The plaintiff claims a registered design in respect of a stylized bottle cap used on their bottle while selling their coconut oil under the brand name "parachute". Their registration certificate is at Exh. 'b' along with photographs of their registration. The cap in respect of which the design is registered is a plastic cap with a plastic lid on the cap which moves on a plastic hinge which has the contours of a butterfly.

(2.) The defendant use a similar cap with a similar movable lid and a hinge in plastic also with a contour of a butterfly. There is, however, a slight difference in the shape of the lid. The lid of the plaintiff's cap has sharp indentation whereas the lid on the defendant's cap has curved indentation.

(3.) The cap which is threaded from inside is admittedly used by both the parties to close their bottles containing coconut oil. It is, in that sense, a part of the bottle.