NIKI TASHA INDIA PRIVATE LIMITED Vs. FARIDABAD GAS GADGETS PRIVATE LIMITED

JUDGEMENT

(1.) The cooking gas or L.P.G., as it is called, has brought about a revolution in the home. Most housewives find it convenient to use the gas stove. They are so much in fashion these days. Now complete cooking range is on sale. This case raises the question of copywright in the registered design of a cooking range which is sold under the brand name of "KITCHENETTE".

(2.) These are the facts. The Plaintiffs (the present appellants). M/s. Niky Tasha India Private Limited brought a suit for permanent injunction against the defendants (the present respondents). M/s. Faridabad Gas Gadgets Private Limited complaining of infringement of their registered design No. 152986 dated 11-4-1983 pertaining to the product known as a KITCHENETTE which is a combination of gas burner, grill and oven. The plaintiffs got registration with regard to shape and configuration in this product of theirs. It is alleged that the defendants under the name of NAVJYOTI are manufacturing, selling and advertising LPG gas cooking range similar in design to the registered design of the plaintiffs.

(3.) The plaintiffs made an application for temporary injunction in the suit under Order 39 Rules 1 and 2 Civil Procedure Code restraining the defendants from selling, manufacturing and advertising their product NAVJYOTI. The learned Judge refused the injunction on the ground that the defendants' product is provided with a lid which makes it totally distinguishable from the product of the plaintiffs. He also noticed one other difference in the two products. The burner element of the plaintiffs' product is of the shape, of a ring while the burner element in the defendants' product does not have any hole and is round inshape at the top. So the learned Judge by order dated 19-12-83 dismissed the application. From his order, the plaintiffs appeal to this Court.