Design Infringement of KENT RO water purifier

Design infringement of KENT RO water purifier

Kent RO Systems Pvt. Ltd has filed a design infringement suit against Pushpendra Yadav and Ors. for infringing their registered design of ‘KENT RO’ water purifier.

The plaintiff has been in the business of manufacturing and selling mineral RO water purifier systems since 1999 and carries out its business exclusively under the well-known trademark ‘KENT’. Their products are widely popular and have a reputation for maintaining strict quality standards.

The plaintiffs have argued that the defendants are traders and manufacturers of water purifier systems named ‘EARTHROSYSTEM’ whose shape, name & appearance are deceptively similar to KENT water purifiers and that the goods sold by the defendants are of inferior quality while a combination of similar marks with identical look creates confusion and leads to deception of the consumers thus deriving unfair gains by riding upon the goodwill of KENT.

The defendants while refuting the claims sought to juxtapose both the products for comparing the designs and submitted that the novelty was found only at certain portions of their registered design. This claim was rejected by the plaintiff claiming that novelty was found not just at certain portions but in the shape and configuration of the water purifier and these acts of the defendants amounted to infringement of the plaintiff’s registered designs under Section 22 of the Designs Act, 2000.

Justice C. Hari Shankar of Hon’ble Delhi High Court accepted the defendant’s contention to compare the defendant’s product with that of the plaintiff’s product and further directed the Registry to place in the record of CS (COMM) 1469/2016 for a proper comparison of the products in the suit.

Reference: Kent Ro Systems Pvt. Ltd & Anr. v/s Pushpendra Yadav & Ors. CS(COMM) 253/2021

Related Posts