Vaswani
&Ors. AIR 2010 SC3221 and Novelty Emporium vs. Novelty Creation
Private Limited , 96 (2002) DLT 68. The relevant portion of the aforesaid
judgments ... right
to use that word to the exclusion of others."
B) Novelty Emporium (supra) :
"15. In the present case the word Novelty must
contended that the alleged exclusivity was with respect to the novelty of the
design was questionable. In this regard, it was argued that the exclusivity ... shaped design of the plaintiff's footwear and
shoe, cannot claim novelty. It was stated that the shape in question which
Crocs claimed
configuration and surface pattern. While Design No.
176343 makes a claim of novelty to the head, handle and neck portion of the
toothbrush, Design ... Franck J. Moison (COO of Colgate USA) having statement of the
novelty attached. However, on last page of photocopy of Design Registration
defendants have not discharged their burden to prove lack of
novelty. It is submitted that the burden to prove that the design is not novel ... subject
design.
16. The Plaintiff has misled this Court by claiming novelty over the
combination of colors on the front surface of the mould
counsel for the respondents appeared and
contended that there was no novelty in the design of the appellant.
The said contention was turned down ... substantially novel. The Single Judge then proceeded to analyse the
claim of novelty of the plaintiffs (appellant before us) and after
examining the features alleged
Plaintiff's patent IN 233660 is pre-
published and lacks novelty in view of the CIB
Regitration No. CIR-25,228/97/D-trans ... opposition, which clearly distinguishes the
various prior arts, and thus, establishes the novelty and inventive character
of the Plaintiff‟s innovation.
11. Ld. counsel further
design. The design consists of three
sheets. The certificate mentions that the novelty resides in the shape,
configuration and surface pattern of the "Coaster ... consider two most important issues, namely, prior
publication and the originality and novelty of the said design. The controller
was directed to take into consideration
Blowfil Pens And Novelties vs The Deputy Commissioner Of Police on 28 November, 2019
Author: M.S. Ramesh
Bench: M.S. Ramesh ... Blowfil Pens and Novelties,
Rep., by its Managing Partner,
Pancham A.Lalwani (Anand)
No.3,1,Krishna Ayyer Street,
First Floor, George Town,
Chennai
Religare Finvest Limited vs Novelty Power And Infratec Ltd. And ... on 6 December, 2019
Author: G.S.Kulkarni
Bench: G. S. Kulkarni ... Religare Finvest Ltd. ... Applicant/Claimant
V/s.
Novelty Power And Infratec Ltd. & Ors. ... Respondents
AND
EXECUTION APPLICATION NO. 196 OF 2014
The Saraswat
Mahavir Steel Industries Limited ... vs Novelty Power And Infratec Limited And ... on 12 June, 2019
Author: S. S. Shinde
Bench: S. S. Shinde
Bhagyawant ... WRIT PETITION NO. 1277 OF 2018
Mahavir Steel Industries Ltd. ...Petitioner
Versus
Novelty Power & Infratec & Ors. ...Respondent
......
Mr. Santosh
