POLAR INDUSTRIES LIMITED Vs. USHA INTERNATIONAL LIMITED

JUDGEMENT

(1.) By this motion dated 25th March, 1999 the plaintiff seeks inter alia an order of injunction restraining the defendants from infringing the copyright of theplaintiff in the registered design No. 173791 dated 2nd March, 1997 and from selling or offering for sale or marketing table fans/portable fans or any fans with or without the brand name "Usha"/"Usha Dynamo" by applying thereto the said registered design or any colourable/obvious imitation of the same; injunction restraining the defendants from passing off or attempting to pass off or causing, enabling or assisting others to pass off fans or table fans/portable fans not of the plaintiff's manufacture and for consequential orders.

(2.) On the said motion I have by my ad interim order dated 25th March, 1999 restrained by injunction the defendants from infringing the registered design of the plaintiff or colourable imitation of the same. The said ad interim order is still subsisting.

(3.) At the hearing of the motion after filing of affidavits it was urged on behalf of the plaintiff that the design applied by the first and second defendants ("the said defendants" for short) to the portable table fans manufactured and sold by the said defendants is an obvious imitation of its registered design applied by it to its portable table fans. What is alleged by the plaintiff is that the said defendants are guilty of piracy by infringing the copyright of the plaintiff in its registered design. This was, however, disputed by the said defendants.