design conforms to the surface
pattern as published in the British Standard (BS4449:2005).
According to Kamdhenu, the surface pattern on its product ... surface pattern, which is the British Standard B500C
as published.
37. It is material to note that the surface pattern as specified under
the British
Only the shape and configuration is claim ed
and not the surface pattern, which is a mere trade variant of prior regist ered
designs ... Carrara Brown and
Carbon Spring. Design registration is restricted to 'surface pattern' and
excludes 'shape and configuration'. In assessing infringement, overall
design is novel and unique in particular in respect of the surface pattern,
cuts, ridges, curves, graphics.
3. Relaxo claims that the Subject Design ... obtained the registration in respect of "shape configuration and surface
pattern of the footwear as illustrated". He referred to the decision
manufacturing the infringing products with the same
shape, configuration, surface pattern and other features as that of the
plaintiff's product.
9. The plaintiff ... submitted
that Plaintiff's monopoly in unique shape, unique
surface pattern and configuration is well founded.
The subject matter registered design of the
Plaintiff
claimed in all views for the whole
shape, configuration and surface pattern of the
Helmet. 'Original' means that the design
originating from
configuration of the ENTICER Design No.280666 (2016 Design)
and in surface pattern of ENTICER ART Design No.328605 (2020 Design),
under the Designs
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
