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"50. That when the top view of both the helmets is compared, it can clearly be seen that the design of the strip is identical in both the cases. It is submitted that both the helmets have a triangular shape (without the ends joining at the top) of the said strip which was novel to the „Studds Urban Helmet‟. Furthermore, both the helmets bear grain finish on the rest of the helmets and a carbon finish on the strip. It is submitted that the configuration of the „Studds Urban Helmet‟ was novel to that effect that the same shell contained two different types of finishes. Lastly, it is also to be seen that the carbon finish on both the strips is also identical to extent that both the helmets have identical surface pattern i.e. parallel zig-zag lines embedded in their carbon finish. It is submitted that the carbon finish with embedded parallel zig-zag lines was also novel to the „Studds Urban Helmet‟. It is submitted that the design registration was specifically granted in respect to the said surface pattern. Hence, it is submitted that the both the helmets are common if seen from the top view.

5l. Furthermore, even a comparison of the helmets from the front view also suggests that the designs of both the helmets are common. It can clearly be seen that both the helmets have an identical strip in the middle and that the surface pattern entire helmet (grain finish) is different that the surface pattern of the strip (carbon finish). It is submitted that the top view and the front view of the helmets are the most important while comparing the products. This is because in case of helmets, the products are normally offered for sale while depicting the front view and the top view of the helmet. That even while the product is sold through electronic means, the top view and the front view are the thumbnail that the customer normally views before completing his purchase.