manufacturing the infringing products with the same
shape, configuration, surface pattern and other features as that of the
plaintiff's product.
9. The plaintiff ... submitted
that Plaintiff's monopoly in unique shape, unique
surface pattern and configuration is well founded.
The subject matter registered design of the
Plaintiff
2017 CAV JUDGMENT
novelty thereof rests and confined to the surface pattern of the
products in question and not to the shape and configuration ... relation to its air coolers is
admittedly in the "surface pattern", whereas, the registration of design of
the defendant No.1 in relation
Scandal". It has distinctive shape, design, configuration and surface pattern propounded and originated by the plaintiff. The plaintiffs said design is registered ... account of the aesthetic form of the design, shape and surface pattern offers great fascination to the purchasers and the plaintiff has effected considerable sales
Ribs" surface pattern since the year 2001. The X RIBS TMT bars of the
plaintiff have a distinct surface pattern with the letter ... defendants is a fraudulent and deceptive imitation of the surface
pattern of the "X-Ribs" TMT bars of the plaintiff, which the plaintiff
bottles bearing a new and
original shape, design, outer structure, surface pattern, configuration
and ornamentation. It is submitted that on account of such ... said Bottle. It
also features a distinct wave like surface pattern which runs in
parallel manner over the entire outer surface and circumference of
Sonali
also identical to extent that both the helmets have
identical surface pattern i.e. parallel zig-zag lines embedded in
their carbon finish ... 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
containers: an identical shape, shoulders,
ridges on the side, cap and surface patterns.
12. I will go straightaway to the table of comparison that ... Distinctive
DR FIXIT Containers (including its unique shape,
configuration, contours, surface pattern and colour scheme);
(b) Pending the hearing and final disposal of the suit
substantial reproduction of the Plaintiffs
get-up, shape and configuration, surface pattern, design and packaging in their A
VANCER PRIME model as to results ... imitation or a substantial
reproduction of the Plaintiffs shape and configuration, surface pattern, design and
packaging in their as to results in passing
Plaintiff / Applicant's
get-up, shape and configuration, surface pattern, design and packaging
in their AVANCER PRIME model as to results in infringement ... substantial reproduction of the Plaintiff/Applicant's shape and
configuration, surface pattern, design and packaging in their as to
results in passing
innovative shapes, configuration, surface patterns
with artistic get up. The products having this artistic shapes
and configurations and surface patterns are imprinted with
artistic work ... petitioner and the products
2
with their distinctive shape, configuration, surface pattern and
artistic work on it form a distinctive identify of their own,
originating
