GAMMETER Vs. CONTROLLER OF PATENTS AND DESIGNS

JUDGEMENT

(1.) This is an appeal by Ernest Otto Gammeter against the judgment of my learned brother Mr. Justice Fletcher.

(2.) The matter arises in connection with an application which was made by Mr. Gam-meter to the Controller of Patents and Designs on the 16th of January 1915, whereby the Controller was requested to register the accompanying design in class. The description of the design was as follows: "The design consists of a metal band, for attaching a watch to the wrist and novelty is claimed for such a band, preferably of silver, passed below the watch through loops affixed to each side of the watch case, which method by preventing the bending of the hand between the said loops, tends to draw the free ends of the band apart, and thus assisted by the resilience of the metal, prevent the accidental opening of the fastening means which consist of one or more studs on one end and projecting from either the inner or outer side of the band, taking into one or more or several key-hole slots provided in the other end of band."

(3.) The Controller registered that design on the 5th of February 1915. On the 23rd of July 1915, Messrs. J, Boseck & Co. applied to the Controller for cancellation of the registration; and, after hearing both patties, that is to say, Mr. Gammeter and Messrs. Boseck & Co., on the 7th of August 1915, the Controller cancelled the registration. On the 23rd of February 1916, notice of an application to the learned Judge was given; and the notice was that an application would be made for an order that the Controller of Patents and Designs should place the Design No. 2611 upon the register of designs in such manner as the same was on and prior to 4th August 1916. The notice was headed "In the matter of Section 45 of the Specific Relief Act, 1877, and, in the matter of the Indian Patents and Designs Act, 1911." Section 45 of the Specific Relief Act provides as follows: Any of the High Courts of Judicature at Fort William, Madras and Bombay may make an order requiring any specific act to be done or forborne, within the local limits of its ordinary original civil jurisdiction, by any person holding a public office, whether of a permanent or a temporary nature, or by any Corporation or inferior Court of Judicature, provided ... (c) that in the opinion of the High Court such doing or forbearing is consonant to right and justice, (d) that the applicant has no other specific and adequate legal remedy."