KHADIM SHOE PVT LTD Vs. BATA INDIA LTD

JUDGEMENT

(1.) Respondent No. 1, Bata India Limited (hereinafter referred to as "Bata") is manufacturer of various rubber slippers commoniy known as Hawai. The petitioner, Khadim Shoe Pvt. Ltd. (hereinafter referred to as "Khadim") is also a manufacturer of similar product and sales it in the market with the brand name "Vibrato".

(2.) Bata got a particular design of rubber slippers registered on 10th September, 1998 being the design No. 177386. Before the said design was registered Bata made a wide publicity in print media as well as in electronic media under the banner Hawai Revolution.

(3.) Khadim applied for cancellation of the said design on the ground that the said design was published prior to the date of registration and hence such registration was liable for cancellation.