In a case involving a registered design pertaining to double rib pattern of steel rods, the Delhi High Court cancelled the registration summarily stating that there is no need for a full trial. The Court came to this conclusion primarily based on the fact that the design that formed part of the registration was published as part of British, ISO and other standards before the filing date of the design application. Based on the evidence on record, the Court stated that the\u00a0 application for cancellation of the Registered Design has a high likelihood of success, and that no further evidence needs to\u00a0 be led in this respect. While stating so, the Court pointed out that a strong prima facie case at the interim level does not necessarily give rise to a high likelihood of success.<\/p>\n
Citation: M\/S Kamdhenu Limited vs M\/S Aashiana Rolling Mills Ltd, Decided by Delhi High Court on 12 May, 2021, available at: https:\/\/indiankanoon.org\/doc\/45300504\/<\/a>, accessed on 17th November, 2021<\/em> BananaIP\u2019s IP Consulting & Strategy Department has the experience of helping companies use IP for business and competitive advantage. Companies regularly seek their assistance, advise and opinions on identifying\/mining inventions and creations, conducting IP audits, protecting IP assets appropriately, launching risk free products, managing litigation for business benefit, resolving disputes out of Court, making money out of IP, enforcing IP, and licensing transactions.<\/p>\n Updates on recent orders and judgments are brought to you jointly by the Design Law and Consulting\/Strategy Divisions of BananaIP Counsels, a Top ranked IP Firm in India. If you have any questions, or need any clarifications, please write to contact@bananaip.com\u00a0<\/a>\u00a0with the subject: Industrial Design Cases<\/p>\n
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