Bombay High Court Denies Interim Reliefs in Design Infringement and Passing Off Case: Plaintiff Fails to Establish Prima Facie Case
Date: June 5, 2023
In a recent decision, the Bombay High Court dismissed an application seeking interim reliefs in a design infringement and passing off case, as the plaintiff failed to establish a strong prima facie case. Justice Manish Pitale, presiding over the case, delivered the judgment, highlighting the crucial aspects of the dispute.
According to the judgment, the defendant argued that the plaintiff’s design had already been published prior to its registration, thereby diluting its value and rendering it ineligible for protection. The court took note of the material presented, including social media posts and invoices, which indicated that the plaintiff’s design was in the public domain before its registration on September 8, 2018.
Justice Pitale observed, “The defendant has shown that the plaintiff’s design was already in the public domain and published prior to the date of its registration.” The court further noted that a comparison of the designs showcased in the social media posts and the registered design revealed a prima facie similarity, casting doubts on the novelty and originality of the registered design.
The judgment emphasized that the plaintiff needed to demonstrate “something more” than mere similarity to successfully claim interim reliefs in a passing off case. The defendant presented a table of comparison highlighting differences in various aspects, such as canopy, packaging, and other features of the rival products. The court found that the plaintiff had not been able to establish this additional element, thus weakening their claim.
Justice Pitale stated, “The plaintiff has failed to make out a strong prima facie case about novelty and originality of its registered design. Therefore, the plaintiff cannot rely upon a mere trade variant to seek orders of interim injunction against third parties.”
The court further clarified that the observations made in the order were limited to the disposal of the application, and the suit would proceed on its merits without being influenced by this decision.
Date of Decision: 5th June, 2023
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