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Consent decree cannot be modified unless mistake is patent or obvious: Supreme Court

In the present case between two calculator manufacturing companies, the respondent Casio had alleged that the appellant Ajanta had lifted each and every novel element of the original design, shape and configuration for its scientific/ electronic calculator ‘ORPAT FX-991ES PLUS’.

The respondent applied for a design registration for its electronic calculator namely ‘CASIO FX-991ES PLUS’ and it was introduced in India in October, 2011. Having knowledge about the sale of the scientific calculator by the appellant under the name ‘ORPAT FX 991ES PLUS’, the respondent filed a civil suit for the reliefs referred to above.

Source: Barandbench

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