Decided on June 04,2007

Dart Industries Inc Appellant
Techno Plast Respondents


A.K.SIKRI,J. - (1.) THERE are two plaintiffs in this case who have filed this suit for permanent injunction against the defendants under Section 22 of the Designs Act, 2000 read with Section 55 of the Copyright Act, 1957. The plaintiff No. 1 is a company incorporated under the laws of Delaware, USA. The plaintiff No. 2 namely M/s. Tupperware India Pvt. Ltd. is an Indian company. The plaintiff No. 1 claims ownership and possession to the proprietary know- how, innovative technology, intellectual property rights and trade secrets in creating the designs used for the manufacture of its products commonly known as Tupperware products. It is also stated that these products are the result of artistic work in the form of product drawings, mould drawings and moulds and therefore, copyright is also claimed therein. The plaintiff No. 1 has consented and contractually granted to the plaintiff No. 2 the right to use its moulds to manufacture Tupperware products and also granted the right to use and apply the proprietary and registered designs in respect of those products for manufacture and offer for sale in India.
(2.) THE plaintiff No. 1 has registered the proprietary designs in relation to the Tupperware products globally and in India as well. It is stated that since the designs of the Tupperware products are new and original, the same have become extremely popular in the Indian market keeping with the trend in the other countries worldwide and have acquired tremendous goodwill and reputation. By virtue of the extensive and longstanding use, reliability, high quality and wide publicity of the Tupperware products, the plaintiff No. 2 has generated a substantial goodwill and reputation in India for the Tupperware products so much so that these products are identified by the customers by their respective design(s) and for being innovative and high quality products. The plaintiffs boast that their products have won numerous design awards all over the world. The Guinness Book has listed Tupperware products amongst ten greatest inventions of the 20th century. Home Furnishings News, a weekly newspaper circulated in the United States, has ranked Tupperware products at second place out of 150 US companies that sell home products in terms of brand recognition. It is one of the seven US companies to recently receive the '2004 Good Buy Award' for its 'Stuffable Storage Containers' which is an award given by the Good Housekeeping Institute in USA. Details of awards won by the plaintiff over the years are given in Annexure P-3 (Colly.). Copy of the publication in which aforesaid awards are given is filed as Annexure P-4 (Colly.). The plaintiffs have also filed various newspapers and magazines clippings in support of goodwill and reputation which Tupperware products enjoy. It is, thus, stated that the diverse range of Tupperware products is known worldwide for its unique designs, world class quality, technical and functioning superiority over similar kind of products produced by many other plastic manufacturers and these products are sold in more than 100 countries around the world. In India alone, sales figures which were Rs. 18.83 crores in the year 1998-99 have gone upto Rs. 56.47 crores by the end of financial year 2004 The products were marketed in the year 1996 and the substantial amount is also spent on advertising, publicity and promotion which was Rs. 6.91 crores in the year 2003-2004
(3.) THE plaintiffs have obtained registrations from the Controller General of Patents, Designs and Trade Marks under the Designs Act and Rules, particulars whereof are as under: S. No. Tupperware Products Registration Certificate number and date 1 "Serving Bowl" 189685:07.02.2002, 2 "Seal for Bowl" 189687:07.02.2002 3 "Soup Server with Ladle" 186134:24.07.2001, 4 "Container-Crystalwave Divided Bowl" 188562:26.03.2002, 5 "Container " Modular Mate Round" 185951:05.07.2001 6 "Container " Modular Mate Oval" 172740:29.11.1996 7 "Crystal Sheer Tumbler with lid" 172739:29.11.1996 8 "Classic Slim Lunch" 176605:05.06.1998 9 "Lunch Box with Bag" Executive Lunch Bag" 185956:05.07.2001 10 "Travel Twin Bag" and "Travel Twins with Bag" 185952:05.07.2001, 185957:05.07.2001 11 "Freezer Mate" 185972:06.07.2001 12 "Freezer Mate" (Small) 185975:06.07.2001 ;

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