plaintiffs almost in its entirety
including the hexagonal shape, the dotted surface pattern, the gold colour
composition and/ or the unique composition of lines
there are several striking
similarities including but not limited to surface pattern of the inner sole,
shape, colour, placement of brand, placement
respondent no.3 has averred that the shape, configuration and
surface pattern of the registered article was new and novel 'at the time
packet design, having several novel features in its shape, configuration and surface pattern. These designs were Page 2059 accepted and duly registered under Design Registration ... PRIYA GOLD and that the packets bear the shape, configuration and surface pattern which is a fraudulent and obvious imitation of the applicant
reproduction of the plaintiff's get-up, shape and configuration,
surface pattern, design, and packaging. Other attendant reliefs were also
sought.
2. Pursuant
distinctly
curved and body of the bottle is virtually straight and surface pattern cum
configuration at the bottom of the bottle.
It is further contended
design is an idea or conception as to features of shape,
configuration, pattern or ornament applied to an article. Although an idea may
be potentially ... pattern and the Deputy Controller has
applied its mind to such features before concurring with the earlier finding that
novelty resides in the surface pattern
order was passed. AIR (2008) SC 2520 was a case of
surface pattern.
Having considered the submissions of the parties, an application
for second registration
order was passed. AIR (2008) SC 2520
was a case of surface pattern.
Having considered the submissions of the parties, in October 1997 a
design
Distinctive DR.
FIXIT Containers (including its unique shape,
configuration, contours, surface pattern and colour
scheme);
d. pending the hearing and final disposal of the suit
