https://www.taxtmi.com/caselaws?id=458763 Title to the registered design was established through the registration certificate, assignment papers and recording of the plaintiff as proprietor, so ownership in the highlighter design was proved. The design infringement claim nevertheless failed because the earlier Designs Act, 1911 was treated as repealed and the Designs Act, 2000 applied to cancellation and prior-publication objections; on that footing, the design was prima facie vulnerable to cancellation for prior publication. Passing off was made out because the competing products were deceptively similar in overall get-up, colour scheme, configuration and presentation, and the word mark was merely descriptive. Injunctive relief followed on the passing-off claim. en-us Wed, 30 Apr 2003 00:00:00 +0530 Fri, 15 Nov 2024 13:00:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458763 Title to the registered design was established through the registration certificate, assignment papers and recording of the plaintiff as proprietor, so ownership in the highlighter design was proved. The design infringement claim nevertheless failed because the earlier Designs Act, 1911 was treated as repealed and the Designs Act, 2000 applied to cancellation and prior-publication objections; on that footing, the design was prima facie vulnerable to cancellation for prior publication. Passing off was made out because the competing products were deceptively similar in overall get-up, colour scheme, configuration and presentation, and the word mark was merely descriptive. Injunctive relief followed on the passing-off claim. Case-Laws Indian Laws Wed, 30 Apr 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458763