https://www.taxtmi.com/caselaws?id=109417 A source-identifying feature used on ophthalmic blanks or lenses may constitute a trade mark, even if it is also embodied in a physical form and registered as a design, where its function is to distinguish trade origin rather than create aesthetic appeal. The Delhi HC held prima facie that the "two ribs" feature served as a trade identifier and was not merely a design. It also accepted prima facie evidence of prior use, goodwill and trans-border reputation, and found that misuse by others could amount to passing off. Interim protection was therefore granted to restrain use of the feature, while the counter-request for restraint was rejected. en-us Tue, 09 Sep 2003 00:00:00 +0530 Mon, 09 Apr 2012 18:20:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=109417 A source-identifying feature used on ophthalmic blanks or lenses may constitute a trade mark, even if it is also embodied in a physical form and registered as a design, where its function is to distinguish trade origin rather than create aesthetic appeal. The Delhi HC held prima facie that the "two ribs" feature served as a trade identifier and was not merely a design. It also accepted prima facie evidence of prior use, goodwill and trans-border reputation, and found that misuse by others could amount to passing off. Interim protection was therefore granted to restrain use of the feature, while the counter-request for restraint was rejected. Case-Laws Companies Law Tue, 09 Sep 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=109417