The Delhi High Court recently restrained R.G Biocosmetic Pvt Ltd (“Defendant”) from manufacturing, marketing or selling disposable female urination device identical to registered design of Sirona Hygiene Pvt. Ltd. (“Plaintiff”) or any other product deceptively similar to the Plaintiff’s suit design.
The suit was based on the Plaintiff’s earlier rights in the Registered Design No. 263764 titled “Disposable Female Urination Device” sold under the mark PEE-BUDDY.
The Defendant submitted that the Plaintiff’s Registered Design lacks novelty as a similar product intended to serve the same purpose was already in commercial circulation under the brand “P-MATE” and registered in the United States, much before the Plaintiff visualized the Registered Design. Hence, the Plaintiff’s Registered Design is merely a trade variant of P-MATE.
The Court, while rejecting the Defendant’s contention that the Plaintiff’s Registered Design lacks novelty, found the differences between the Plaintiff’s Registered Design and P-MATE sufficient to impart novelty to the Plaintiff’s Registered Design. In particular, the court observed that since the shape of both the designs which would come in contact with the body are different, such difference impacts the manner in which the respective products will be used, and hence, PEE-BUDDY is not a mere a trade variant of P-MATE.
Since the Defendant did not even contest that its design is, in fact, identical to the Plaintiff’s Registered Design, the Court found a clear case of infringement. Accordingly, the Court granted an ad interim injunction in favour of the Plaintiff. The Defendant was, however, given the liberty to sell off the current stock that is already in circulation within two (2) months.
SIRONA HYGIENE PRIVATE LIMITED vs. AMAZON SELLER SERVICES PRIVATE LIMITED & ORS. CS(COMM) 503/2022 & I.A.20127/2022, I.A.458/2023, I.A.2491/2023, I.A.4887/2023.