Sabyasachi Calcutta LLP v. Mr. Ankit Keyal, proprietor of Asiana Couture & Ors. CS(Comm) 553/2021 Order dt. 27.10.2021
Recently, the well-known designer, Sabyasachi Mukherjee, moved court for an order of injunction in a design piracy suit restraining the defendants, Asiana Couture & Ors., from infringing on the plaintiff’s registered designs for lehengas. Sabyasachi claimed that its registered designs attest to novelty residing in the surface ornamentation of the garment set and that the defendants are marketing an imitation of the registered designs.
The court was of the view that, prima facie, on a plain viewing, the designs of the defendants appear to be an obvious imitation of Sabyasachi’s designs and an attempt to link the products of the defendants with those of the famous clothing label. As such, the court restrained the defendants from manufacturing, applying/causing to be applied, selling, offering for sale, importing, advertising/publishing, directly or indirectly, dealing in the infringing garments or any other garments or similar article which are identical and/or obvious/fraudulent imitation of the plaintiff’s registered designs. It also directed the defendants to remove all the infringing designs and garments from all online platforms, including #Facebook, #Instagram and other third-party websites.