- (1.)THIS application has been made by M/s. Hindusthan Seals Ltd, inter alia, praying that the design is not a new or original design and that it has been published in India prior to the date of registration.
(2.)THE case of the petitioner is, that the petitioner is engaged, inter alia, in the business of manufacture and sale of metal caps commonly known as "p. P. Caps" and/or "metal Caps" and/or "chamfered Caps". The petitioner has been supplying such metal caps to various well known companies spread all over India. According to the petitioner, depending upon the requirement of the end user, the basic layout of the design is prepared by the petitioner and colour combinations are decided in consultation with the customers of the petitioner. One of the processes of such manufacture is by printing the name and design and logo of the concerned customer on the outer surface of the cap. The other process for such manufacture is by embossing the design or the name or the logo anywhere on the outer surface of the metal caps. The caps manufactured by the second process are called as "chamfered CAPS". According to the petitioner the traditional process of manufacture of metal caps with designs on the same, was by printing thereon the name or the logo or the design of the concerned customer. In or about, 1988, the petitioner states that it introduced in India, a process of manufacturing chamfered metal caps and since then it has been manufacturing and supplying chamfered Metal Caps to the distilleries. The petitioner is relying on various documents which show that the petitioner has been supplying Chamfered Caps to various parties since 1988. According to the petitioner there are other manufacturers of metal caps including Messrs. Larsen and Toubro Ltd. , shyam Industries. According to the petitioner the petitioner and other companies have been manufacturing such caps including chaffered Caps since prior to 16. 8. 93 which is the date on which the application for registration was filed by respondent Rajendra Somani. The petitioner filed a request for search under Section 51 of Designs Act, 1911 with the controller of Patents and Designs, Calcutta on 10. 3. 1994 and by letter and/or order dated 17. 3. 1994 the petitioner was informed that the exact article had been registered in class-1 bearing registered design No. 166050 in the name of Rajendra Somani of Oriental Containers Ltd. The petitioner had requested for search about three designs of caps with chamfered Logos on the sides-two of them having chamfered logos in or about the middle of the sides of the cap with the logos of 'pefer Scot' and 'antiquity' and the third one having a chamfered logo on the knurled portion at the top. The said designs were said to be covered by the said registered design No. 166050.
(3.)THEREAFTER the instant application was filed by the petitioner inter alia, under Section 51a of The Designs Act, 1911.
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