distinctive design. The design is distinctive surface
pattern. The plaintiff is using XRIBS as the surface pattern of the iron rod
product. He submits that ... since the plaintiff appears to be a prior
user of the surface pattern/trade dress and since their exist orders of two High
Courts
each representation sheet reads: "The novelty
resides in the surface pattern of a 'plastic seal'" as illustrated. The discussion ... only a single sentence in the impugned order refers to the surface pattern. Since the said order
is appelable, it is expected that a proper
with regard to the source from
which the goods originate. The surface pattern of a particular product may well be a
distinctive feature ... that product and by such surface pattern the manufacturer may be
identified. If such surface pattern is copied or imitated, the consumers are very likely
cylindrical shape on the bottom portion with distinct wave like surface
pattern which runs in a parallel manner over the entire outer surface
and circumference ... have come to vest in the said
unique design, shape, configuration, surface pattern and
ornamentation of the bottle manufactured by the Plaintiff using the
artistic
configuration or pattern to be applied a
particular specified article". It can be
readily seen that a particular pattern of
surface ornamentation could ... desired
to register the same design, e.g. a
surface pattern or decoration, in respect
of a series of different articles (apart
from the special
Carlsberg Breweries A/S vs Som Distilleries And Breweries Limited on 2 May, 2017
Equivalent
Reckitt Benkiser India Ltd vs Wyeth Ltd. on 15 March, 2013
Equivalent citations: AIR 2013
design, an article should relate to the ornamental or new shape, surface pattern, lines or colour with aesthetic look (Designs of industrial plans, layouts
novelty of the bath tubs in respect of shape, configuration and surface pattern which was also granted by the Competent Authority. The infringement alleged also
petitioner was in respect of the shape, configuration and surface pattern particularly the ridged side of the container. The novelty was not claimed either
