The Delhi High court passed a judgement on 7th February, 2023. This was seen in the case of Casio v Riddhi Siddhi Retial Venture 2023/DHC/000886 and he case was presided over by Hon’ble Justice C. Hari Shankar.
FACTS OF THECASE:
In this case a Japanese electronic company Casio alleged that the firm Riddhi Siddhi Retail Venture was selling similar musical keyboard . it was also stated that the defendant had adopted a near identical design for its keyboard. However, defendant statedthatthe plantiff’s design suffered from lack of novelty and several others products being sold in the market .
JUDGEMENT(ORAL):
Court after the examining the pictures and sample of the two keyboard the Justice C. Hari Shankar said that after examination there was no need to go to the thorny path, as physical articles showed that two keyboards to be deceptively similar in design .
“At a bare glance, it is clear that the plaintiff‘s and the defendants‘ keyboards are deceptively similar in design. The various similarities between the two, highlighted paras 12, 14 and 15 supra, as alleged in the plaint, actually stand borne out even from a viewing of the physical samples of the two keyboards. As such, it is clear that the design of the defendant‘s keyboard is an “obvious imitation” of the suit design within the meaning of Section 22(1)12 of the Designs Act.” the Court said.
And the court passed a permanent injunction order in favour of Japanese electronics company Casio in relation to its musical keyboards named ‘Electronic Keyboard’.
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Judgement reviewed by Drishti verma
