Praveen Muraka S/o Shri Gokuldas Murarka vs. Bhama Enterprises India Pvt. Ltd. & Anr.
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
MA, 2488 of 2020, Judgment Date: Feb 16, 2021
Law laid down -
The Designs Act, 2000 – It seeks to provide and ensure effective protection to registered designs. It is also required to promote design activity in order to promote the “design element” in an article of production.
Section 4 of Designs Act- A plaintiff can institute a suit impugning the other product if the said product is neither new nor significantly distinguishable.
Section 4 of Designs Act – The test to examine whether the impugned product is 'new or original', both the products be kept side by side to see if those appear to be similar or different. The main consideration is to examine whether the broad features of shape, configuration, pattern etc. of both the products are same or nearly the same. If they are substantially the same, it will certainly be a case of imitation of design of one product by the other.
The test of “exact similitude” - applied by Commercial Court, runs contrary to the scheme and object of Designs Act and the litmus test laid down by various Court.
Section 3 & 5 of Designs Act – The design of a product is registered on the basis of claim of a proprietor that his product is 'new or original'. It is not established that the controller or examiner is obliged to examine the designs whose registration is applied for in juxtaposition to all previously registered designs.
The different trademark of two products – While examining the products in the teeth of the Designs Act, the Commercial Court has committed an error in rejecting the injunction application by applying the aspect of “trademark”.
Test of “uniqueness” and “exclusivity” - The test is “look alike” and to examine whether both the products are same or nearly the same. Commercial Court rejected the application on impermissible grounds and applied a test which runs contrary to object and scheme of the Designs Act.
Praveen Muraka S/o Shri Gokuldas Murarka vs. Bhama Enterprises India Pvt. Ltd. & Anr.