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Documents citing M/S. Kemp & Company & Another vs M/S. Prima Plastics Ltd. on 18 September, 1998

Whirlpool Of India Ltd vs Videocon Industries Ltd on 27 May, 2014

31. A look at the above comparative charts along with the charts set out/annexed to the Plaint and the affidavit in rejoinder of the Plaintiff giving a comparative analysis of the common features and similarities of the Defendant's product and the Plaintiff's registered designs establishes beyond any doubt that the Defendant has slavishly/brazenly copied/imitated the Plaintiff's design which clearly satisfies the test for infringement and/or piracy as laid down in the judgments in Castrol (supra) and Kemp (supra). Therefore, by no stretch of imagination, can it be said that the Defendant's products are substantially different from the Plaintiff's registered design.
Bombay High Court Cites 52 - Cited by 27 - S J Kathawalla - Full Document

M/S.Whirpool Of India Ltd vs M/S.Videocon Industries Ltd on 25 July, 2012

In that view of the matter, I find that the present case would fall under the exceptions which are carved out by the learned single Judge in the case of Kemp and Company ::: Downloaded on - 06/01/2014 02:59:25 ::: 35/36 1955.12-nmsl v. Prima Plastics Ltd. (supra) and would also be covered by the judgment of learned single Judge of this Court in the case of Gorbatschow Wodka KG. v. John Distilleries Limited (supra) and of Calcutta High Court in the case of Castrol India Ltd. v. Tide Water Oil Co. (I) Ltd. (supra). I am of the considered view that applying the test "judged solely by eye", the defendant's product is an imitation of the plaintiff's design.
Bombay High Court Cites 19 - Cited by 0 - B R Gavai - Full Document

M/S.Whirpool Of India Ltd vs M/S.Videocon Industries Ltd on 25 July, 2012

In that view of the matter, I find that the present case would fall under the exceptions which are carved out by the learned single Judge in the case of Kemp and Company ::: Downloaded on - 09/06/2013 18:53:45 ::: 35/36 1955.12-nmsl v. Prima Plastics Ltd. (supra) and would also be covered by the judgment of learned single Judge of this Court in the case of Gorbatschow Wodka KG. v. John Distilleries Limited (supra) and of Calcutta High Court in the case of Castrol India Ltd. v. Tide Water Oil Co. (I) Ltd. (supra). I am of the considered view that applying the test "judged solely by eye", the defendant's product is an imitation of the plaintiff's design.
Bombay High Court Cites 19 - Cited by 0 - B R Gavai - Full Document
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