NEIVELI CERAMICS AND REFRACTORIES LIMITED Vs. HINDUSTAN SANITARYWARE AND INDUSTRIES LIMITED

JUDGEMENT

(1.) THE plaintiff is Neiveli Ceramics & Refractories limited, carrying on business in the manufacture of sanitaryware and other ceramic products. It obtained a patent under No. 103411 on 13th January 1966 under the Indian Patents and Designs Act, 1911. THE patent was in respect of sanitaryware comprising wash basins, sinks on like products. THE patent consisted of three features in such sanitaryware. THEy are : (1) Anti splash rim (2) Semipunched holes and (3) Concealed brackets.

(2.) RE feature No. 1 above : the rim of the basin was so extended as to form a projecting ridge against water splashing when the tap is opened and water pours out into the basin. This projecting rim is designed to protect the splash of water.

(3.) ON 8. 5. 1969 the plaintiff wrote to the defendant calling upon it to desist from infringing the aforesaid patent. There are further correspondents. The defendant disputed the validity of the plaintiff's patent on the ground of "prior knowledge" and "prior publication" and offered to give inspection of its relevant documents at the Office of its attorneys. The plaintiff through its Attorneys repudiated the defendant's contentions and requested the defendant to forward the documents so as to enable it to inspect them. The last of the letters written by the plaintiff was the one dated 9. 7. 1969 through its Trade Mark and Patent Attorneys, Kamath & Kamath.