MOLD-TEK PACKAGING LTD. Vs. S.D.CONTAINERS

JUDGEMENT

(1.) The applicant being a public limited company registered under the provisions of Companies Act , 1956 has filed the civil suit through its Managing Director (hereinafter referred to as "plaintiff''). The Plaintiff Company was established in the year 1985, and has been engaged in the business of manufacturing and selling rigid plastic packaging material including manufacturing of injection molded containers for lubes, paints food, etc.. The Plaintiff company also manufactures containers made out of rigid plastic of various sizes and shapes the paint industry, food industry, dairy industry, and lubricant industry. The Plaintiff is claiming the status of pioneers by way of their in house research and developmental activities in the area of their inventive and creative efforts for developing the variety of tamper-proof lids of Pails/Container. The plaintiff submitted applications in the year 2015 and 2017 for registration of design of the lids of the containers, containers, lids with the spout, jar or container with the Controller General of Patents, Designs and Trademarks, Kolkatta

(2.) According to the plaintiff, in September- November 2019 it came to their knowledge that non-applicant (hereinafter referred as "Defendant") is producing lid and container of exactly similar design as that of the Plaintiff and supplying them to edible oil Manufactures and some of them are even existing customers of the plaintiff viz M/s Mahendra Brothers.

(3.) Based on the cause of action arose on 10/1/2020 and above mentioned facts the plaintiff has filed the suit before the Commercial Court ( District Court at Indore) seeking a decree of declaration that defendant has no right to manufacture containers that are similar to those manufactured by the plaintiff company, decree of permanent injection restraining the Defendant not to copy, use or enable others to use this plaintiff's Design of the Container under Design Application No: 299039 and Lid under Design Application No . 299041 SO and compensation of sum of Rs.5 crores towards notional Damages against. Along with the plaint, the plaintiff has also filed an application of temporary injunction under O.39-R.1&2 of the Code of Civil Procedure,1908.