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ARTICLE · 24 JULY 2008

´Orchid´ Appeal Unsuccessful - Kich Not Responsible For Delay

Delay and laches many-a-times lay the foundation for contending appeals. While the Indian law allows an appeal to be filed purely on legal grounds, devoid of facts and evidence, delay often is the only ground that is raised in deciding matters in an appeal.

IndiaIntellectual Property

Delay and laches many-a-times lay the foundation for contending appeals. While the Indian law allows an appeal to be filed purely on legal grounds, devoid of facts and evidence, delay often is the only ground that is raised in deciding matters in an appeal. The recent case of Orchid Hardware (P) Ltd. v. Kich Marketing Pvt. Ltd:& Anr. [2008 (37)PTC 266 (Del)] is one such case in the point.

Kich Marketing Pvt. Ltd., globally reputed manufacturers of knobs, fittings, accessories, bathroom accessories, trade in the name KICH. They aver that they got their design registered, and alleged Orchid Hardware of having copied nine such designs. They stated that the same was done with the aim to mislead the public and they even utilized the code numbers, so as to enable passing off their goods as that of Kich. On this basis, an ex parte injunction order had been granted earlier. Restraining Orchid from

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