News & Updates

February 11, 2018

ENERGEL Ball-point pen design registration loses interim injunction against MONTEX

 

In a design piracy/infringement suit, the Delhi High Court vacated its interim injunction order, with a finding that Plaintiff’s registered design is neither new nor original.

In Pentel Kabushiki Kaisha & Anr. v M/s Arora Stationers & Ors., Plaintiff relied upon registered design (no. 263172) in respect of a ball-point pen to seek injunction against Defendants. Plaintiff listed out features of shape and configuration under its registered design for ball-point pen which it sells under the brand ENERGEL. Plaintiff alleged that the design of Defendant’s pens (under the brand MONTEX) is a copy of Plaintiff’s registered design. Defendant contested by stating that Plaintiff’s registered design is neither new or original, and is itself copied from prior existing/known designs (of Defendants as well as other third parties). Defendant produced examples of pre-existing/known designs against each listed feature of Plaintiff’s registered design. The Court, while vacating the injunction, held that Plaintiff’s registered design does not qualify to be new or original, for which, the court stated, the design must be significantly distinguishable from existing designs and combination of designs, and should not be a mere trade variant.

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