Dart Industries Inc. & Ors. v. Techno Plast & Ors.
(2016) 233 DLT 1 : (2016) 67 PTC 457
Coram: Division Bench Comprising of Hon’ble Justice S. Ravindra Bhat & Hon’ble Justice Deepa Sharma
Forum: Hon’ble High Court of Delhi
Case No.: FAO (OS) 326/2007
Date of Decision: July 21, 2016

Facts:

  • Dart and M/s. Tupperware India Pvt. Ltd. (TIPL), (Plaintiffs), were known for their innovative Tupperware products,which gained immense popularity and goodwill worldwide.
  • Techno Plast & other Defendans, were accused of copying the Plaintiffs' designs for food-grade plastic storage containers, infringing on their copyrights, and engaging in unfair competition.
  • The Plaintiffs filed a suit seeking a permanent injunction against the Defendants, alleging design and copyright infringement, passing off the trade dress and trade name as the Plaintiffs', and unfair competition. They also sought damages for the same.


Background/ Procedural Posture:

  • The Court dismissed the Plaintiff's copyright claims and held that colour and colour combination did not warrant exclusivity under the Copyright Act. It held that industrial drawings and designs used for manufacturing were governed by the Designs Act, not the Copyright Act, rendering the copyright claims invalid. Furthermore, the Court determined that once drawings were created for the final product design, copyright in those drawings could not be asserted under the Copyright Act, as per Section 15.
  • The Court also found that the Defendants were not causing confusion but were selling their products, representing them as being of the same quality as the Plaintiffs' products. Therefore, the claim for passing off was not established, and no injunction was issued.
  • Aggrieved by the decision of the Single Judge, the appeal was preferred by the Plaintiff before the Division Bench of Delhi High Court.

Main Issues:

Whether the Defendants had committed a) design infringement, b) copyright infringement?