IAG COMPANY LTD Vs. TRIVENI GLASS LTD

JUDGEMENT

(1.) The appellant is aggrieved by an order dated 11th February 2004 passed by the learned Judge of the first Court refusing to grant injunction on its application (G.A. 2709 in C.S. 213 of 2003) filed alleging infringement of its design registered under No. 18322. The appellant's prayer for ad interim injunction was refused by another learned Judge on 18th August 2003 and His Lordship directed the matter to be considered upon affidavits.

(2.) In respect of its design, the appellant obtained a certificate of Registration on 2nd January 2001, from the Comptroller General of Patents, Designs and Trade Mark, and the certificate is dated 28th August 2000, and numbered 183322. Admittedly the certificate was granted under the provisions of The Designs Act, 1911 (hereinafter referred to as 'old Act') and the Designs Rule, 1933. The design was in respect of figured glass and it was stated in the certificate that the design will subsist for 5 years from the date of registration and may be extended for two further periods of 5 years each. The certificate also shows that the novelty resides in the surface pattern and ornamentation of the figured glass. The design, which is known as Karatchi, was produced before this Court. On seeing the design we found that designs has no projections but they have grooves on the glass.

(3.) The relevant facts of the case are that in the month of September 2002 the plaintiff- appellant issued caution notices in the newspapers published from several cities of the country warning various manufacturers against infringement of its registered design 'Karatchi'.