Estoppel Against Invalidity In Design Infringement Suits

Mr. Omesh Puri analyses the decision of the Delhi High Court relating to Estoppel against invalidity in design infringement suits. Details of the analysis as featured in India Business Law Journal can be viewed at https://www.vantageasia.com/estoppel-invalidity-design-infringement-suits/

Delhi High Court recently held that the registered proprietor of a design could not use the invalidity or prior publication of the plaintiff's design as a defence in a suit for design infringement.

In Vega Auto Accessories (P) Ltd v SK Jain Bros Helmet (I) Pvt Ltd, Vega sought a permanent injunction to restrain Jain Bros from using a helmet design. Both parties had registered the design for their helmets but Vega was the prior registrant. Jain Bros' main defence was that it also had a registered design and that Vega's registered design had been pre-published. Jain Bros also argued that the two designs were dissimilar.