MANJUSHREE TECHNOPACK LTD. Vs. MAGPET POLYMERS PVT. LTD.

JUDGEMENT

(1.) The Court: The petitioners have filed this interlocutory application in a suit for infringement of design in respect of a 'Preform' and 'Cap of Bottle'. The petitioners claim that the petitioner no.1 holds all intellectual property rights including design rights in respect of the said designs on the basis of which registration was granted in respect of 'Preform' and 'Cap of Bottle'. It is submitted that the said designs are novel designs and the controller of design in satisfying with the novelty of the designs have granted registration.

(2.) The respondent perhaps as a counter blast to the intellectual property rights claimed by the plaintiffs in respect of 'Preform' and 'Cap of Bottle' apply for registration of 'Preform' and was granted registration subsequent to that of the petitioner no.1 in a different clause.

(3.) The plaintiffs in this suit alleged that the design in respect of 'Preform' being used by the defendant in relation to its product are infringing the registered designs of the plaintiffs.