In an ex parte order, the Bombay High Court recently restrained a leading electrical appliance manufacturer, Polycab India Ltd., from marketing its fan, stating that it appears to have the same design as the 'Atomberg Renesa Ceiling Fan.'
In a commercial IPR suit, Justice R. I. Chagla granted a temporary injunction in favour of Mumbai-based fan manufacturer Atomberg Technologies Pvt. Ltd., claiming that Polycab had copied the overall design, shape, configuration, and get-up of Atomberg's Renesa Ceiling Fan.
"At first glance, it appears that the Defendant has blatantly copied, created a replica of, and/or reproduced the overall design, shape, configuration, and get up of the Plaintiff's Atomberg Renesa Ceiling Fan," the court stated.
On visual comparison, the court found Atomberg's and Polycab's fans to be nearly identical.
The Polycab' fan design is an imitation of Atomberg's registered design, which cannot be a coincidence, according to the order.
When designing the contested fan, the Defendant must have had the Plaintiff's Atomberg Renesa Ceiling Fan in mind."
It also stated that traders and the general public who come across Polycab's fan, which has a "deceptively similar" shape, configuration, design, and aesthetic appeal to that of Atomberg Renesa Ceiling Fan, are likely to be confused or deceived into believing that Polycab's fans are Atomberg's.
Polycab, according to the plaintiff's attorney, has flagrantly infringed on the design of an Atomberg product.
Atomberg claims that its experts use their knowledge, skill, and effort to create unique designs for its products.
According to the complaint, Atomberg manufactures a ceiling fan called the Atomberg Renesa Ceiling Fan, which has a unique and novel shape and configuration. According to the suit, it is registered in Class 23 - 04 with design registration number 309694. The Renesa Ceiling Fan is one of the company's best-selling fans. According to the court, Atomberg learned about the contested product Polycab Wizzy in August.
The plaintiff claims that Polycab's fan is a "obvious imitation" of the Atomberg Renesa Ceiling Fan design. The plaintiff presented photos of the fan name Polycab Wizzy/Polycab Wizzy BLDC 1200 MM in court.
Polycab's forgery is so convincing that it's difficult to tell the difference between the Renesa Ceiling Fan and the Polycab Wizzy.
Customers frequently purchase the Atomberg Fan based on their memories of the fan's design and aesthetic appeal. As a result, confusion or deception is more likely to occur as a result of overall visual similarities, it was argued. This amounts to passing off Polycab's fan and business as Atomberg's, which is unfair competition.
Polycab has also stolen certain features from Atomberg's packaging, demonstrating its dishonesty.
The court stated that there is a "overwhelming prima facie infringement" of the plaintiff's registered design and passing off of the product, and that unless the requested relief is granted, the plaintiff will suffer irreparable loss, harm and injury.
The court barred Polycab from manufacturing, selling, marketing, retailing, exporting, distributing, trading, exhibiting for sale, and advertising fans with identical or deceptively similar shapes or designs to Atomberg Technologies' products. The court granted temporary relief until the next hearing on November 21, 2022.
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