Mumbai : The Delhi High Court on Friday restrained Aqualite India Ltd and its officials from violating the theme design of Relaxo Footwears Ltd till their current suit is disposed of. The HC Division Bench has set aside the single judge’s order, which had directed both the parties to conduct a market survey before dismissing Relaxo’s plea for interim injunction.
In the earlier order, the single judge, citing a market survey report, held that the designs of the Relaxo were not original and that other products with similar designs were available in the market. The judge also considered a letter from a sales manager of the Chinese manufacturer confirming that the lease had been in vogue for several years.
A bench headed by Justice Amit Mahajan said, “This Court has not been persuaded to accept that Aqualite India has produced sufficient material for this Court to conclude that the subject design is merely a trade. version and does not differ from known designs or combinations thereof.” “Aqualite India, its directors, key officers and servants are prohibited from manufacturing, selling, offering for sale, advertising, importing, exporting or in any way dealing with products that violate the subject designation until the disposal of the suit.
The Single Judge’s finding is not based on the conclusion that the subject design is indistinguishable from designs that were known at the time of registration, but on the prima facie opinion that products with similar designs are available on the market. Thus the ‘prima facie’ finding of the single judge is not well established, the bench said.
Relaxo had challenged the May 2019 single judge order under the Code of Civil Procedure after the bench allowed Aqualite India’s application. Relaxo has been engaged in manufacturing and selling a variety of Footwear since 1976. On June 21, 2017, Relaxo had registered its design for footwear (slippers) under the Design Act, claiming that the design is novel and unique in surface pattern, cut. Ridges, curves, graphics, but does not claim rights to exclusive use of colors or color combinations of theme designs.
The company further claimed that the theme design was originally created with its in-house design team with a design agency based in the United Kingdom known as ‘The Footsoldier’.
It was in 2018, in which the footwear company took cognizance of the fact that Aqualite was manufacturing and selling products that it claimed violated subject design. Consequently, it filed a legal suit before a Delhi court. The court then passed an interim order restraining the Aqualite from violating the theme design of the Relaxo.
catch all corporate news And updates on Live Mint. download mint news app to receive daily market update & Live business News,