Pidilite contended that their design and its visible features were original and novel in shape and configuration and in compliance with the definition of design in Section 2(d) and the requirements of originality and novelty under Section 2(g) of the Designs Act.
They asserted that they had a valid design registration for the M-Seal PV Seal container and that “appeal to the eye” did not imply artistic merit.
Pidilite also stated that although they had applied for a patent, it was not published at the time the design was applied for and, therefore did not affect the design’s novelty.
Additionally, they argued that the other products Astral relied upon were not similar to Pidilite’s design and even if others were infringing the design, Astral was not entitled to do so as well.
Source: Barandbench
