IP Case Digest · Designs Act s.19

Section 19, Designs Act: case law

5 judgments of the Bombay High Court, the Delhi High Court and 2 other courts applying Designs Act s.19, from 2023–2026, each with a headnote by BRB Legal.

5judgments

4courts

2023–2026years

Atomberg Technologies Private Limited v. Stove Kraft Limited, COMMERCIAL (IP) SUIT NO. 710 OF 2025

Bombay High Court · 17 April 2026 Dismissed

Interim application dismissed in a registered design action over ceiling fans. Judged through the eye of the purchaser, no obvious similarity appeared: the curved blade and the Z shaped shank claimed as distinctive of the suit fan were absent from the impugned fan, and when both fans were produced in court no similarity was visible that would constitute piracy. The passing off claim failed separately because the chartered accountant's certificate relied on for goodwill covered six models or brands rather than the suit fan alone, so no goodwill or distinctiveness in the particular get up was established.

Ms Lalita Goyal Proprietor Of Ms Baby Wheels India v. Sumit Garg, FAO (COMM) 125/2025 and CM APPL. 29277/2025

Delhi High Court · 24 July 2025 Set aside

Appeal allowed on a jurisdictional point of real practical importance in design litigation. Where a defendant pleads invalidity of the registered design in its written statement, section 22(4) requires the suit to be transferred to the High Court for decision, and the Court held that the Commercial Court could not avoid that mandate by regarding the defence as vague or insubstantial.

M/s. Foab Solutions Pvt Ltd. v. The Controller of Designs, Patent Office & Anr., W.P.(C) No. 36271 of 2023

Kerala High Court · 3 November 2023 Disposed of

A writ to compel the Controller to take up three pending applications for cancellation of registered designs. The proprietor of those designs had not been arrayed as a respondent, so no affirmative orders could issue, but the Controller offered to deal with the applications and was directed to do so after hearing both sides.

Kalpesh Manubhai Ramoliya v. Controller of Patents and Designs & Anr., C.O. 113 of 2023

Calcutta High Court · 25 January 2023 Disposed of

An application under Article 227 where a design cancellation application filed in November 2021 had not been taken up at all despite repeated requests and reminders, the design remaining on the Register to the petitioner's prejudice. The prayer being innocuous, it was granted without notice to the other side.

Kalpesh Manubhai Ramoliya v. Controller of Patents and Designs & Anr., C.O. 114 of 2023

Calcutta High Court · 25 January 2023 Disposed of

The companion petition, on a second design registration in the same class, filed for cancellation in November 2021 and never taken up. The same relief followed: a request to the Controller to dispose of the proceeding expeditiously, with notice to the other side dispensed with.

Other provisions of the Designs Act

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