Petitioners sued the defendant on the basics of design violation concerning the cup in which jelly was being packed. The applicant alleged that the responsible person had violated the Design Act provisions by using the same design. The Court suggested that the Design Registration for the standard lacks application of mind & originality of the design.
The shape is broadly identified geometrical shape, and it does not obey the novelty in terms of dimensions or shape. While providing a temporary injunction, the Court should consider that the design should be correctly registered, and it should be a certain element of originality & newness in the same.
While making the design judgement, the Court introduced that the applicant has filed to describe any form of uniqueness in the bottle design or certificate of registration. There is no particular dimensional ratio of the bottle given in the design. The majority of the manufacturers produce bottles for comprising particular liquid quantity by measurement unless the petitioner had any claim over the particular ratio of dimension that was not early existed, there can be no originality.