- Court
- Calcutta High Court
- Date of judgment
- Judge
- Ravi Krishan Kapur
- Outcome
- Remanded
Headnote
Cancellation of a registered design for an air cooler set aside and the cancellation application remanded. The Court held that the power to cancel a registered design is a draconian power not to be exercised casually. The Deputy Controller had compared two dimensional photographs filed with the cancellation application against the registered design without the three dimensional images that would have shown how the design applied to an article, had not dealt with an earlier order of the same authority on the same design which had found for the proprietor on both novelty and prior publication, had not considered a specific challenge to admissibility under section 65B of the Evidence Act, and had made no attempt to verify the authenticity of the website said to constitute prior publication.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.