whether the artistic aspect of an article can be
distinguished from its utilitarian or functional component. This
approach aligns with the tests applied by Indian ... High Courts,
which exclude functional or utilitarian subject matter from
protection under the Designs Act .
41. While American jurisprudence does not treat the distinction
between
Lall submits that the tread pattern in question are functional/
utilitarian in nature, and they are provided to give better grip on the road ... that the tread pattern copied from the
plaintiff, in particular, has any utilitarian or functional aspect.
37. Mr. Chandra has also tendered, during his submissions
plaintiffs' tooth brush AQUAFRESH FLEX and AQUAFRESH FLEX-N-DIRECT were utilitarian and functional and were also represented by the plaintiffs in their advertisements ... plaintiffs could not claim life time monopoly in such functional and utilitarian features. It is submitted that the
packaging and trade dress of the competing
unique design
of the lid, lends the lid both aesthetic and utilitarian advantages over
normal pressure cooker lids, which are flat. This feature is sought ... plaint asserts that, owing to its unique aesthetic and
utilitarian appeal, the pressure cooker bearing the suit design has
become extremely popular and has garnered
published, lack of novely and certain features which were purely functional and utilitarian. In the said suit, the plaintiffs gave up their claim of infringement ... orders in the aforesaid suit, had clearly held that the functional and utilitarian aspects of the tooth brushes were not capable of protection under
value of the building either from the point of value or utilitarian aspect, the tenant had effected improvements to the building and as such there ... tenant, the value of the building as well as its utilitarian purpose has been enhanced. Nevertheless the appellate authority has proceeded on the basis that
undertaken, sometimes exclusively, given its pernicious nature and
its potential, too.
(a) Utilitarian's View:
37. Professor Michael J. Sandel of Harvard University ... Right Thing To Do8, his popular lecture series, discusses
Bentham's utilitarianism, adding a touch of irony. He observes that
the doctrine of utilitarianism
that the tread pattern of the plaintiff's tyres were
functional/utilitarian in nature since they provided better grip on the road
and stability ... shape of the good or
product in question has a functional or utilitarian value/utilitarian
application. This understanding of the law may be reinforced
Expiatory
19. Theories of punishment can be divided into two general
philosophies : Utilitarian and Retributive. The utilitarian
theory of punishment seeks to punish offenders ... punish offenders because they deserve to be punished.
20. As per utilitarian philosophy, laws should be used to
maximize the happiness of society and crime
Bachan Singh vs State Of Punjab on 9 May, 1980
Equivalent citations: (1982)3SCC24, [1983
