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4. The feature of novelty and uniqueness in the Registered Design of the Plaintiff resides inter alia in its overall shape, configuration and surface pattern making the said design aesthetically appealing and attractive. The characteristic features used by the Plaintiff to impart distinctive design to its products are highlighted herein below:

The Plaintiff's Products/ Registered Designs have a unique shape, configuration and surface pattern; the configuration of the Plaintiff's Products/ Registered Designs is in a compact cuboidal shape such that the vents of the Air Coolers are in the top half of the front view with a border (in a different colour) framing/ surrounding the vents; the surface pattern of the Plaintiff's Products/ Registered Designs has an interplay of stepped up and stepped down elements with a unique trapezium shaped indent in the bottom half of the front view (under the Air Cooler vents) with a Water Level Indicator in the middle; the Plaintiff's Products have an aesthetically appealing duo-tone colour in two variants: (i) blue-grey and orange; and

5. The Defendant, Sanmuk Industries, has been manufacturing/ marketing/ selling air coolers under the name "Lexus Simply Luxury", having identical design to the Plaintiff's Registered Designs (hereinafter "Infringing Products"). The Defendant is selling the Infringing Products on its own website as well as third party e-commerce websites, including India Mart and has been actively advertising them on Facebook, without authorisation or consent of the Plaintiff.

6. The Infringing Products are a fraudulent imitation of the Registered Designs with deceptively similar features to the Registered Designs such as similar length/ width ratio; similar shape and configuration; similar surface patterns; deceptively similar panels around the grid of the Air Cooler vents; deceptively similar two-tone color combination; similar placement of control buttons at the top; similar placement of vents on the sides of the Air Coolers; similar trapezium shaped indents with a water level indicator in the middle at the bottom of the Air Cooler vents.

The surface pattern of the Plaintiff's The surface pattern of the Products / Registered Designs has a Defendant's Infringing Products CS (COMM) 56/21 M/s Orient Electric Ltd. Vs. Sanmuk Industries Dt. 09.11.2023 pg. 5 of 19 unique trapezium shaped indent in also has an identical trapezium the bottom half of the front view shaped indent in the bottom half (under the Air Cooler vents) with a of the front view (under the Air water level indicator in the middle. Cooler vents) with a water level indicator in the middle.

20. From the pleadings and evidences on record which remained unrebutted and unimpeached, the plaintiff able to prove that plaintiff is registered proprietor of Plaintiff's Products/ Registered Designs have a unique shape, configuration and surface pattern; a compact cuboidal shape CS (COMM) 56/21 M/s Orient Electric Ltd. Vs. Sanmuk Industries Dt. 09.11.2023 pg. 16 of 19 such that the vents of the Air Coolers are in the top half of the front view with a border (in a different colour) framing/ surrounding the vents; the surface pattern of the Plaintiff's Products/ Registered Designs has an interplay of stepped up and stepped down elements with a unique trapezium shaped indent in the bottom half of the front view (under the Air Cooler vents) with a Water Level Indicator in the middle; the Plaintiff's Products have an aesthetically appealing duo-tone colour in two variants: