IAG COMPANY LIMITED Vs. TRIVENI GLASS LIMITED

JUDGEMENT

(1.) The plaintiff in C.S. No. 213 of 2003 has taken out this interlocutory application (G.A. No. 2709 of 2003) dated July 31st, 2003. The prayers in the suit are as follows:

(2.) By filing this application the plaintiff seeks interim reliefs in aid of the final reliefs sought in prayers (a), (b) and (c) of the plaint. On August 18th, 2003 M.H.S. Ansari, J. was pleased not to grant any ad interim relief. His Lordship gave directions for filing affidavits. Accordingly, the parties filed the affidavits, viz. (a) opposition dated August 28th, 2003 by the defendant, to this application; and reply dated September 8th, 2003 by the plaintiff to such opposition; (b) supplementary affidavits dated August 9th and 16th, 2003 by the plaintiff; and oppositions both dated August 29th, 2003 by the defendant to such supplementary affidavits.

(3.) The plaintiff and the defendant both manufacture and sell various kinds of glass. On January 2nd, 2001 the Controller-General of Patents, Designs and Trade Marks of the Government of India, the Patent Office (Designs Branch) issued a certificate of registration of design in favour of the plaintiff. It was stated in this certificate that design No. 183322 (a copy whereof was annexed to the certificate) had been registered on August 28th, 2000 in the name of the plaintiff in class 4 (four) with respect to its application to figured glass, and it was so registered in pursuance of and subject to the provisions of the Designs Act, 1911 and the Designs Rules, 1933. It was mentioned in the certificate that copyright in the design would subsist for five years from the date of registration, and might, under the terms of the Act and Rules, be extended for two further periods, each of five years; and that it was not for use in legal proceedings or for obtaining registration abroad. In its copy the design was mentioned as "Karatachi". It was further stated in its copy that while the back view of the design was plain, the novelty of the front view resided in the surface pattern and ornamentation of the figured glass. With effect from May 11th, 2001 the Designs Act, 2000 and the Designs Rules, 2001 came into force; and the Designs Act, 1911 and the Designs Rules, 1933 were repealed. In September 2002 the plaintiff notified caution notice in newspapers, published from several cities of the country, to warn manufacturers and competitors against infringement of its patent right over the designs "Karatachi" and "Yozora". On January 15th, 2003 the defendant made a petition to the Controller-General of Patents, Designs and Trade Marks for cancellation of registration of the design "Karatachi" in the name of the plaintiff. The plaintiff has been contesting such cancellation proceeding. Against the threats of legal proceeding published by the plaintiff, in July 2003 the defendant lodged caveats under section 148A of the Code of Civil Procedure, 1908 in the High Court at Delhi and in the District Court of Delhi. In the circumstances seeking permanent injunctions to restrain the defendant from infringing its copyright in the design "Karatachi", and for other reliefs, including damages, the plaintiff instituted the suit in this Court, and has taken out this interlocutory application in the pending suit.