Philips Lighting Holding Vs Jai Prakash Agarwal

DATE OF JUDGEMENT: 05.07.2022
CASE NO: CS (Comm) 46/2019
NAME OF HON'BLE COURT: High Court of Delhi
NAME OF HON'BLE JUDGE: The Honourable Justice Navin Chawla
CASE TITLE: Philips Lighting Holding Vs Jai Prakash Agarwal

1.The Plaintiff filed subject matter suit on the basis of proprietary rights in the design „T-Shaped LED Bulb‟ registered under the design
registration no. 299147 on 06.11.2017 with a reciprocity date of
08.05.2017 in Class 26-04. Para 4.

2.The observed the designs of the T-Bulb of the plaintiff and those of the defendants to be similar, if not identical. Para 19.1, 19.2

3.The court also reiterated this well settled proposition of law that tor a defense of functionality to succeed, it is not enough to say that the form has some relevance to the function. If a particular function can be achieved through a number of different forms, then a defense of functionality must fail. Following this principle of law, the Hon'ble High Court rejected the argument of the Defendant that Plaintiff's design is functional. Para 21

4.A slight trivial or infinitesimal variation from the pre-existing design shall disqualify the relevant design for registration. The change introduced should be substantial. Para 22.4

5.The Hon'ble Court refused the injunction after observing the Plaintiff's design to be trade variant. Para 22.5

6.It is unique case in the sense that the Hon'ble High Court of Delhi, in spite of observing that Defendant's design is similar to design of the plaintiff and in spite of rejecting the argument of defendant that design of the Plaintiff was functional, was pleased to decline the injunction in favour of the Plaintiff on the ground that the same is not original and that it is prior published and merely a trade variant.

Ajay Amitabh Suman, IPR Advocate,
Hon’ble Delhi High Court,
ajayamitabh7@gmail.com,
9990389539