pattern describing the said pattern
as "YY" ribbed. Thus, the respondents have dishonestly and in slavish
manner copied the surface pattern ... very beginning of embossing X rib
pattern on the surface of TMT bar, the said surface pattern has earned
tremendous goodwill and reputation
original creating comprising of unique features comprising a
specific and particular surface pattern, cuts, ridges, sides, graphics etc. and
the suit design registration complies with ... placement of the stripe, the strap design, the
slipper side pattern, the surface pattern are all different from the Plaintiff‟s
design.
8. Mere existence
pattern to distinguish its concrete reinforcing bars from the
other TMT bars in the market and hence it is alleged that the
surface pattern/device ... future, use
and/or attempt to use X-Ribs Pattern/Cross-Ribs
surface pattern upon or in relation to its TMT Bars
which is identical
combination of overall shape, get up,
configuration as well as surface pattern of the inner and outer lids conjoined
together; (g) that the feature ... resides in its distinctive elliptical shape, downward protruding
peripheral edges, the surface pattern emerging from conjoined use of inner
and outer bowls, capable of also
respondent manufactures certain
concrete-reinforcing TMT bars, which have a distinct surface-pattern
with the letter 'X' embossed at regular intervals over ... respondent, which is solely based on its claim on the surface
pattern of the product, cannot succeed and is liable to be dismissed. The
appellants
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
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
same is also registered to the extent of shape,
configuration and surface pattern having eye appeal.
Having obtained registration of the whole Coaster Brake
certificate mentions that the novelty resides in the shape,
configuration and surface pattern of the "Coaster Brake Hub" as illustrated.
The appellant ... which reads:-
"the novelty resides in the shape, configuration and surface pattern of
the Coaster Brake Hub as illustrated."
It is submitted that
