IP Case Digest · Designs

Aqualite Industries Private Ltd v. Relaxo Footwears Limited, FAO(OS)(IPD) 1/2022

Case number
FAO(OS)(IPD) 1/2022
Date of judgment
Judge
C. Hari Shankar
Outcome
Dismissed

Headnote

Appeal dismissed and an injunction upheld in a registered design action over hawai slippers. Although the Division Bench noted that the Single Judge had not given cogent reasons for finding the suit designs novel, it did not treat that as a ground to interfere. Instead it examined the suit designs, the prior art documents and, for two of them, the footwear itself, and satisfied itself that there was novelty in the crenellation-like side ridges on the vertical outer surface as against the ridges on the prior art footwear. Since the same prior art founded the claim of prior publication, the designs were not vulnerable on that ground either, and with the defendant's footwear identical in shape and configuration, the injunction was correctly granted.

Read the judgment (PDF)

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.