Apl Apollo Tubes Ltd. vs Surya Roshni Limited on 3 January, 2017

1. By this order, I proceed to dispose of the aforesaid application filed
by the plaintiff to seek ad-interim injunction against the defendant under
Order 39 Rule 1 & 2 CPC.

CS(Comm)192/2016 Page 1 of 37
2. The plaintiff has filed the present suit alleging infringement of the
plaintiff’s registered design in respect of a Hollow Section Pipe – which the
plaintiff claims, as novel and original. The plaintiff claims that novelty and
originality in the Hollow Section Pipe designed by the plaintiff resides in its
shape and configuration which gives the Hollow Section Pipe an original,
unique, new and distinctive configuration, look and feature, which was not
available in the market earlier and the same was designed and introduced for
the first time by the plaintiff. The plaintiff claims that its original and novel
design was not published in India or in any other country, and it was not
disclosed to the public anywhere in or outside India prior to the date of filing
of the plaintiff’s application for registration of its design. The plaintiff
claims that the novelty and originality of the design is as a result of research
and development done by its designing team. The design of the plaintiff has
special ocular features which appeal to the eye, because of its shape and
configuration.

Source: Indian Kanoon

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