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Case Lawsuit Title
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Case / Trial ID Number
Jurisdiction Code
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us
in
upc
eu
Category
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Patent
Trademark
Copyright
Design
Filing Date
Decision Verdict Date
Court / Tribunal
Bench / Panel Judges
Petitioner / Claimant (Plaintiff)
Ampro Food Products
Respondent / Defendant
Ashoka Biscuit Works And Ors.
Dispute Summary
Ampro Food Products filed a suit for permanent injunction against Ashoka Biscuit Works for piracy of its registered biscuit design ('AF'). The lower court refused the temporary injunction, arguing that the design was not new or original and that it should be treated as a trademark. The High Court allowed the appeal, holding that the defense of non-originality is precluded when an express remedy for cancellation exists under the Designs Act, and clarified the difference between design rights and trademark rights.
Outcome / Ruling
plaintiff_favorable
Verdict Document PDF URL
Full text judgment
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