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Piracy – Registered Design of Tranquillity Neck Pillow – Designs Act

August 6, 2025 legaldeli

Registration of tranquillity neck pillow in India on 9.3.2016 claiming reciprocity from 19.10.2015. Registration Certificate was issued on 24.7.2017. On the application of the plaintiff no.2 under Section 11 of the Designs Act, 2000, the Controller of Designs the copyright was extended till 19.10.2030. The plaintiff No.2 had obtained registrations also in Europe, China, USA and Australia.

In August, 2024, the Plaintiffs became of the Defendants’ impugned travel neck pillow bearing the same distinctive features of the plaintiff’s design.

HELD that the infringement of registered design occurs when a person applies or causes to be applied to any article in which the design is registered the design or obvious imitation thereof. The table of comparison prima facie indicates that the Defendant’s product is an obvious imitation of the plaintiff’s registered design. Prima facie case for infringement of registered design is made out as there are no identifiable differences between the rival products. The expression “imitation” used in Section 22 of the Designs Act, 2000, does not mean to be an exact replica. The similarity or difference is to be judged through the eye of purchaser.

Judgment dated 31.7.2025 of the High Court of Bombay in Interim Application (L) No.28407 of 2024 in Commercial IP Suit (L) No.28275 of 2024 of Travel Blue Products India Pvt Limited and another Vs. Miniso Life Style Private Limited and another

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