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1. The plaintiff, namely, Troikaa Pharmaceuticals Ltd., has filed Regular Civil Suit No. 2486 of 2007 in the City Civil Court at Ahmedabad praying for permanent injunction restraining the defendants, their servants, agents, dealers, distributors, stockists from manufacturing, marketing and using the impugned design registered under No. 186992 in Class 28 on 16.10.2001 in respect of D Shape Tablet and/or any tablet, which is having similar shape and configuration or material reproduction of the plaintiff's registered design. The plaintiff has also prayed for permanent injunction restraining the defendants from printing, publishing, using, marketing, coping or imitating the impugned design of tablet, its drawings and parts thereof and restraining them from committing infringement of the design of the plaintiff. The plaintiff has also prayed for direction to the defendants to pay the sum of Rs. 50,000/- for the damage caused to the plaintiff on account of infringement of the plaintiff's registered design and also order the defendants to render true and correct account of the goods manufactured and sold by the defendant after notice and after verifying the same, to pass a decree of such amount of profit earned by the defendants. Lastly, the plaintiff has prayed for the direction to the defendants to hand over blocks, dyes, patterns, parts thereof and drawings of the product which are used manufactured and marketed by them, which is infringement of the registered design of the plaintiff. All such material should be given to the plaintiff for destruction.

2. The plaintiff has also moved an injunction application in the said suit praying for temporary injunction restraining the defendants, their agents, servants, dealers, distributors, stockists for manufacturing, marketing and using the impugned design registered under No. 186992 in Class 28 on 16.10.2001 in respect of D Shape Tablet and/or any tablet, which is having similar shape and configuration or material reproduction of the plaintiff's registered design. The plaintiff further prayed to grant temporary injunction restraining the defendants, their servants, partners, agents, dealers, distributors, stockists from printing, publishing, using, marketing, coping or imitating the impugned design of tablet, its drawings and parts thereof and restraining them from committing infringement of the design of the plaintiff.

8. Mr. Thakore further submitted that the plaintiff has recently come to know that the defendant has adopted identical design, shape and configuration of the plaintiff, and the plaintiff has come to know that the defendant has substantial and material reproduction of the design of the plaintiff and thereby, has committed infringement of the registered design of the plaintiff under No. 186992. Despite the fact that the plaintiff is the registered proprietor of the design, the defendants with malafide intention have imitated the design and configuration of the D Shape Tablet of the plaintiff. The defendants have adopted identical design of tablet in D Shape Tablet as of the plaintiff's registered design in an identical and similar manner. From the documents produced before the Court, it is very clear that the defendants have imitated and copied the design of the plaintiff's product and have infringed the said design of the plaintiff. It is, therefore, submitted that under the provisions of the Designs Act, the defendants are required to be restrained by an order of injunction from infringing the design of the plaintiff.

10. Mr. Thakore further submitted that the plaintiff has acquired statutory right, spent huge amount of money for preparing the said design, exerted labour and acquired statutory protection under the Designs Act, 2000. The defendants have with a view to encroach upon the market and goodwill of the plaintiff, imitated the plaintiff's design and have placed in the market identical product with identical shape and configuration and thereby committed infringement of plaintiff's registered Design No. 186992 and causing great loss and injury and damaging the business, reputation and goodwill of the plaintiff. It is, therefore, submitted that the plaintiff has a strong prima facie case, as the plaintiff has acquired statutory right, whereas the defendants have no right. The defendants are the imitators and are not in a position to give any explanation as to how they have adopted identical shape and configuration. It is obviously malafide attempt on the part of the defendant to encroach upon the business, reputation and goodwill of the plaintiff and thereby earn illegal profit. The defendants are, therefore, required to be restrained by order of injunction of this Court from manufacturing, marketing, advertising and promoting for sale their design of tablet, which is substantial and material reproduction of the design of tablet registered in favour of the plaintiff under No. 186992.