A Design That is functional and also possesses Aesthetic Qualities is entitled to be Registered as a Design: Delhi High Court

A Design That is functional and also possesses Aesthetic Qualities is entitled to be Registered as a Design: Delhi High Court

In a suit filed by TTK Prestige Ltd against Gupta Light House at the High Court of Delhi, it was held that the design of the Plaintiff’s range of Handi Pressure Cookers is novel and original. Further, despite the finding that the Defendant’s pressure cookers are a clear imitation of the Plaintiff’s design, the suit was partially decreed in their favour.

It was the case of the Plaintiff that its Handi Pressure Cookers holds an original design which was made with the inspiration of an earthen pot known as a Handi in the year 2004. The same design of pressure cookers were being manufactured and sold by the Defendant. It appeared to be a fraudulent imitation of the Plaintiff’s Pressure Cooker Design finding them guilty of Design Piracy. The Plaintiff hereby sought to permanently restrain the Defendant from selling cookers in a similar design.

The Defendant on the contrary alleged denial of any such imitation by claiming that the idea of the Plaintiff’s Cooker range is not an original invention but a replication of a Handi, which is not a new creation and therefore the suit is not maintainable. Further, the Design registered by the Plaintiff has expired and a prayer to seek a decree of permanent injunction cannot be entertained. It was also argued that the registration of the Plaintiff’s Design is invalid since it is purely functional in nature and holds no aesthetic quality.

Justice Hari Shankar witnessed that on a comparison between the products of both parties, the design of the Defendant’s product is imitative to that of the Plaintiff’s. The claim of novelty was rejected since the Defendant failed to place on record any material or even a picture of a Handi to support its claim, and the Court affirmed it cannot pass orders based on its imagination. Further, the Design of the Plaintiff’s Cooker was found to possess both aesthetic as well as functional qualities and only a purely functional design with no aesthetic appeal is ineligible to registration.

While holding the suit maintainable, the Plaintiff was refused a decree of permanent injunction since its Design had expired however, they were granted an opportunity to recover damages.

Inttl Advocare represented TTK Prestige Ltd and was successful in recovering damages from the Defendant for deceitfully manufacturing and selling pressure cookers that are similar to the Plaintiff’s cookers.

The Inttl Team representing TTK Prestige Ltd. Comprised of Partner, Mr. Manish Kumar Mishra, Managing Associate, Ms. Akansha Singh and Associate, Ms. Saloni Kasliwal.