JUSTICE SANJEEV NARULA
ORDER
% 17.02.2023
1. The subject mark is a surface pattern of a knitting needle, picture
whereof filed on record, is not clear
peculiar, new, original and novel shape,
configuration and surface pattern viz-a-viz said designs
since April 2017.
41. It is denied that plaintiff
that
doctor who recorded this MLC has not mentioned the surface pattern of
the clutch wire produced before him. Counsel argued that the doctor
defendants was different in designs in the shape,
configuration and surface pattern than the designs registered in
favour of the plaintiff. It was claimed that
which are not at equidistant from each other and therefore
the surface pattern of the pump designed by the Plaintiff is unique and novel.
According
relation to
Switches has adopted same/similar design, shape,configuration
and surface pattern under the series name Lexi Pro 11, V-9 Wave
Modular (sleek
Each representation of a design, which consists of a repeating surface pattern, shall show the complete pattern and a sufficient portion of the repeat
