Industrial Designs infringement and Remedies / A Presentation at NID, Bangalore - Dr. Kalyan C Kankanala
1. Industrial Designs
Infringement and Remedies
By
Dr. Kalyan C. Kankanala,
kalyan@bananaip.com
url: www.bananaip.com
Blog: www.bananaip.com/sinapse-blog
2. Copyright in Design
Term - 10 years
Extendable - 5 years
Suit after registration
10. J.N. Electricals Vs. President
Electricals
Electric Toaster
Alleged design
Presence of lines
Stands different
Unwary purchaser - likely to be
deceived
Deceptively similar
Permanent injunction granted
11. Test
Judged solely by the eye
Substantial similarity
Protected as design - Shape,
Configuration, etc.
12. Khadim Shoe Vs. Bata
Rubber slippers design
Advertised before filing
Prior publication
Registration cancelled
13. Marico Vs. Raj Oil Mills
Parachute cap
Competitor's caps dissimilar
No prima facie case
Injunction denied
14. Troikaa Vs. Pro
D-shaped tablets
Design registered
Similar tablets
Prima facie case
Injunction granted
15. Dart Industries Vs. Techno Plast
and Ors.
Dart Industries Vs. Techno Plast and
Ors.
Tupperware products
Prior publication
Validity questionable
Injunction denied