The Relaxo Footwear Ltd. v. Aqualite India Ltd

"Design Novelty Under Scrutiny"

Case Background

Relaxo Footwear Ltd. filed a lawsuit against Aqualite India Ltd. for allegedly infringing on its registered design for a footwear slipper (Design No. 294938), which was registered on June 21, 2017.

Claims and Defenses

- Plaintiff's Claims: Relaxo Footwear asserted that its design is novel and original, featuring a unique surface pattern, cuts, ridges, sides, and graphics. They claimed that Aqualite India Ltd. had substantially and fraudulently imitated their design.

- Defendant's Defense: Aqualite India Ltd. argued that Relaxo's design lacks novelty and originality, citing prior art and the existence of similar designs in the market. They also claimed that the plaintiff's design is a trade variant of an existing design.

Court's Observations

- The court directed both parties to conduct a market survey to evaluate the availability of third-party products related to the subject design.

- After reviewing the survey results, the court expressed a prima facie view that Relaxo's design may lack novelty and originality, indicating that it appears to be common in trade.

- The court vacated the ex parte interim injunction dated December 14, 2018, but directed the defendants to maintain accounts related to the manufacture of footwear products with the impugned design.

Judgment

The application for interim injunction was dismissed, and the court clarified that the observations made were prima facie and wouldn't affect the final determination of the case's merits.

Significance

This case highlights the importance of novelty and originality in design registration and the challenges of proving infringement in cases where designs may be similar or common in the industry.