Latest Designs Cases in 2021 Part – 1

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M/S Kamdhenu Limited vs M/S Aashiana Rolling Mills Ltd

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  application for cancellation of the Registered Design has a high likelihood of success, and that no further evidence needs to  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.

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/, accessed on 17th November, 2021

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