2.3.14.

Famous Case Law:

Coca-Cola Company vs. Bisleri International Pvt. Ltd.
‗MAAZA‘, a popular mango fruit drink in India, is a registered
Trademark of an Indian company, Bisleri International Pvt. Ltd.
The company transferred the rights (formulation, IPR and goodwill,
etc.) to a beverage company, Coca-Cola, for the Indian Territory.
However, in 2008, the Bisleri Company applied for registration of
Trademark ‗Maaza‘ in Turkey and started exporting the product
with the mark ‗MAAZA‘. This was unacceptable to the Coca-Cola
Company and thus filed a petition for permanent injunction and
damages for passing-off and infringement of the Trademark.
It was argued on behalf of Plaintiff (Coca-Cola Company) that
as the mark ‗Maaza‘ concerning the Indian market was assigned to
Coca-Cola, and manufacture of the product with such mark, whether
for sale in India or for export, would be considered as an
infringement. After hearing both the parties, the court finally
granted an interim injunction against the defendant (Bisleri) from
using the Trademark MAAZA in India as well as for the export
market, which was held to be an infringement of Trademark.
2.4. Industrial Designs
The word ‗Design‘ is defined as the features of shape,
configuration, pattern, ornament or composition of lines or colours
applied to any article. The Design may be of any dimension i.e. one
or two or three dimensional or a combination of these. In addition, it
may be created by any industrial process or means, whether manual,
mechanical or chemical, separate or combined, which in the finished
article appeal to and is judged solely by the eye. But the word
‗Design‘ does not include any mode or principle of construction or
anything which is in substance a merely mechanical device.
The main object of registration of industrial Designs is to
protect and incentivize the original creativity of the originator and
encourage others to work towards the art of creativity.
2.4.1. Eligibility Criteria
The Design for which the protection is being sought must be
novel or original i.e., should not be disclosed to the public by prior

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publication or by prior use or in any other way. The Design should
be significantly distinguishable from the already registered
Designs existing in the public domain.
2.4.2. Acts and Laws to Govern Industrial Designs
In India, Industrial Designs are governed under ‗The Designs
Act‘, 2000 (http://www.ipindia.nic.in/acts-designs.htm) and ‗Design
Rules‘, 2001 (http://www.ipindia.nic.in/rules-designs.htm), which
have been amended from time to time in 2008, 2013, 2014 and
2019. The Design should include the following characteristics:
 It should be novel and original.
 It should be applicable to a functional article.
 It should be visible on a finished article.
 There should be no prior publication or disclosure of the
Design.
A list of Industrial Designs can be accessed from
https://www.creativebloq.com/product-design/examples-industrial-
design-12121488. Some of the famous Industrial Designs are
mentioned below:
Coca-Cola Bottle - The contoured-shaped glass bottle of the Coca-
Cola Company is marvelled as a master showpiece in the field of
industrial design. It was designed in 1915 and is still a cynosure for
all eyes.
Piaggio Vespa - Piaggio is an Italian company famous for
manufacturing Vespa scooters. These scooters are sold worldwide
since 1940s. The structural design of the scooter is pleasing to the
eyes. This two-wheeler has a painted steel body concealing the
engine, driver‘s feet rest comfortably on a flat floorboard, the front
vertical portion comprising of a handle, breaks and speedometer has
ample space for hands‘ grip and also provides protection from
incoming wind air.
iPhone - It is a highly popular mobile phone manufactured by
American company ‗Apple Inc‘. The sleek, handy and rectangular
body is pleasing to the eyes. The corners are round and smooth. The
features, such as on/off and speech volume, are easy to operate.
Mini Cooper - Mini Cooper is an automobile car manufactured by

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the British Motor Corporation in the later part of the 20th century. It
is a small size car. Its shape has been designed in a unique manner
so as to provide plenty of space (nearly 80%) for passenger seating
and luggage storage.
Rocking Wheel Chair - It is a sleek, circular-shaped chair which
provides smooth rocking motion. There is a provision for a
headlight in the upper part of the chair.
Juicy Salif - It is a citrus juice squeezer and considered an iconic
structural design. The alumina-based body has been moulded in the
shape of a fish called as a squid.
2.4.3. Design Rights
The Design registration also confers a monopolistic right to the
Proprietor by which he can legally exclude others from reproducing,
manufacturing, selling, or dealing in the said registered Design
without his prior consent. The Design registration is particularly
useful for entities where the shape of the product has aesthetic value
and the entity wishes to have exclusivity over the said novel and
original Design applied to its product(s) or article(s).
2.4.4. Enforcement of Design Rights
Once the applicant has been conferred with the rights over a
specific Design, he has the right to sue the person (natural/entity) if
the pirated products of his registered design are being used. He can
file the infringement case in the court (not lower than District Court)
in order to stop such exploitation and for claiming any damage to
which the registered proprietor is legally entitled. The court will
ensure first that the Design of the said product is registered under
the Designs Act, 2000. If the Design is found not registered under
the Act, there will not be legal action against the infringer. If the
infringer is found guilty of piracy or infringement, the court can ask
him to pay the damage (₹ 50,000/-) in respect of infringement of
one registered Design.
2.4.5. Non-Protectable Industrial Designs in India
 Any Industrial Design which is against public moral values.
 Industrial Designs including flags, emblems or signs of any
country.

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 Industrial Designs of integrated circuits.
 Any Design describing the ‗process of making of an article‘.
 Industrial Designs of – books, calendars, certificates, forms and
other documents, dressmaking patterns, greeting cards, leaflets,
maps and plan cards, postcards, stamps, medals.
 The artistic work defined under Section 2(c) of the Copyright
Act, 1957 is not a subject matter for registration for Industrial
Designs, such as:
o Paintings, sculptures, drawings including a diagram, map,
chart or plan.
o Photographs and work of architecture.
o Any other work related to artistic craftsmanship.
 Industrial Designs does not include any Trademark (The
Designs Act, 2000).
2.4.6. Protection Term
The outer ‗Shape or Design‘ of a product makes it more
appealing and acts as the value-adding factor to the product.
Therefore, there is a need to protect one‘s creation from being used
by third parties‘ without consent from the original creator. The
registered Designs are protected for 10 years in India and can be
extended by 5 years after making a renewal application.
2.4.7. Procedure for Registration of Industrial Designs
2.4.7.1. Prior Art Search - Before filing an application for
registration of Industrial Designs, it is prudent to ensure that the
same or similar Design has not been registered earlier. This search
can be carried out using various search engines, such as:
 Design Search Utility (CGPDTM)
(https://ipindiaservices.gov.in/designsearch/).
 Global Design Database (WIPO)
(https://www3.wipo.int/designdb/en/index.jsp).
 Hague Express Database (WIPO)
(https://www3.wipo.int/designdb/hague/en/#).
 Design View (EUIPO) (https://www.tmdn.org/tmdsview-
web/welcome#/dsview).

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