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
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
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
designs of the dresses which includes shape, configuration and surface pattern
as contemplated under Section 15(2) of the Copyright Act, 1957 vests
suit designs. The similarity is apparent in the
shape, configuration, and surface pattern of the bottles, which, when viewed
from any angle, appear virtually identical
configuration of the ENTICER Design No.280666 (2016 Design)
and in surface pattern of ENTICER ART Design No.328605 (2020 Design),
under the Designs
identical font and writing style, colour combination, overall look, get up,
surface pattern, manner of writing and placement of objects, shape and
structure of perfume
products and
reproducing the surface pattern, ornamentation and visual representation of
the plaintiff no. 1's said design registrations. Furthermore, the plaintiffs
apprehend that
left corner of the
bottle, quadrilateral border wherein the inside surface is depressed. Thus, it
is an identical copy of the Plaintiff‟s suit design ... states that the Defendant has fraudulently imitated the dotted
surface pattern in its impugned product.
29.5 He states that the gold colour composition
consisting of 'Novel and Original' shapes, configuration and surface
pattern.
16. The predecessor in title by way of an Assignment Deed dated ... designs consisting of 'Novel and Original'
shapes, configuration and surface pattern which are valid and subsisting
till date as per the provision
