Dart Industries Inc. v. Modi Dp Plastics
Case brief
What is this about?
The Commercial Division decreed a suit for design infringement and passing off. The defendant filed an affidavit undertaking not to use the design. The plaintiffs withdrew prayers for accounts, damages, and costs. The Court accepted the undertaking, ordered the surrender of seized moulds, and dismissed the suit on the remaining basis.
What did the court decide?
Suit decreed restraining manufacturing/selling of infringing bottles under Design Nos. 221424/221425; permanent injunction via passing off; delivery of seized moulds for destruction.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.10.2018 CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR C.S.No.249 of 2015 and A.Nos.2380 of 2015 and O.A.Nos.341 and 342 of 2015
1.DART Industries Inc., (A Corporation founded under the Laws of Delaware, U.S.A.,) 14901, South Orange Blossom Trail, Orlando, Florida 32837, U.S.A., rep. by its constituted attorney Taylor J.Ross
2.Tupperware India Pvt. Ltd., 1A, Udyog Vihar, Sector 18, Gurgaon - 122 001, Haryana rep. by its Authorised Signatory Vandita Batta ... Plaintiffs Vs 1.Modi DP Plastics, O.No.19, N.No.39, Narayana Mudali Street, Sowcarpet, Shop No.4, PRC Complex, Chennai - 1 and also Factory at: No.43, T.H. Road, Kodungaiyur, Chennai - 118.
2.M/s.Diamond Sales, No.41, Narayana Mudali Street (facing Kasichetty Street), Chennai - 79.
3.M/s.Balamurugan Plastics, No.1/512, South Nizhar Salai, Muthamizh Nagar, Chennai - 110. ... Defendants
This Civil Suit is preferred, under Order IV Rule 1 O.S. Rules and Order VII Rules 1 and 2 of C.P.C. r/w Section 22 of The Designs Act, 2000 praying for
(a)A Permanent injunction restraining the defendants, their proprietor or partners or directors as the case may be, their sister concerns, assigns in business, distributors, stockiest, dealers and agents, from manufacturing, selling, offering for sale, advertising, directly or indirectly in any manner including through websites or other online shopping portals dealing in bottles in any size including 500ml, 750ml and 1l bearing the impugned designs or any other designs as may be fraudulent or obvious imitation of the plaintiffs' Designs amounting to infringement of plaintiffs'
Issues for consideration
3 issues framed by the court
Whether the suit should be decreed based on the defendants' undertaking and plaintiffs' withdrawal of certain prayer limbs.
Whether moulds seized by the Advocate Commissioner should be handed over to the plaintiffs.
Whether costs should be awarded given the settlement of prayer limbs.
Parties & counsel
- petitioner
Dart Industries Inc.
- petitioner
Tupperware India Pvt. Ltd.
- respondent
Modi DP Plastics
- respondent
M/s. Diamond Sales
- respondent
M/s. Balamurugan Plastics
Case details
As recorded by the court registry
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