alleged novelty in the impugned design resides in the shape,
surface pattern, configuration and/or colour combination of "CIGARETTE
PACK" as illustrated
distinctive features jointly or severally in
respect of shape, configuration and surface pattern. While Design No.
176343 makes a claim of novelty to the head
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
plaintiff by its peculiar, new,
original and novel, shape, configuration and surface pattern vis-a-vis
the said designs. The plaintiff has already spent substantial
projection (B) as illustrated. The novelty resides in the ornamental surface pattern of the foot-ball as illustrated.Novelty is claimed for the floral ornamentation
which, according to the plaintiff, has distinctive shape, design, configuration and surface pattern propounded and originated by the plaintiff. The said design of the plaintiff ... started manufacturing and selling shoe bearing similar shape, features, configuration and surface pattern having a fraudulent or obvious imitation to the plaintiff's aforementioned
configuration of the Air Cooler and for some models only qua
surface pattern.
(ii) The defendants submit that the designs of Plaintiff are
worngly registered
portion C and the ornamental surface pattern P. as illustrated."
There is an ornamental surface pattern on the plug at the bottom
novelty has been certified as residing in the shape,
configuration and surface pattern of the bucket, mug and tub
respectively, in their respective certificates
claimed in all views for the whole
shape, configuration and surface pattern of the
Helmet. 'Original' means that the design
originating from