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Journalism of Courage
In a blow to Videocon Industries,the Bombay High Court has held that the company has deceptively imitated the registered design of a washing machine of its rival Whirlpool and restrained it from manufacturing the same.
Whirlpool had approached the court seeking an injunction against Videocons manufacturing the model of a washing machine that was launched in June,stating that it had a striking similarity with a washing machine designed and registered by it in July,2009.
After perusing the photographs of their respective washing machines submitted by the plaintiff and the defendant,it appears that Videocon by merely using different colour scheme and putting some different lines and ornamentation has imitated Whirlpools registered design, Justice BR Gavai observed in an order passed on July 25.
Stating that there has been an infringement of the registered design,the court said,If an injunction as sought by the plaintiff is not granted,an irreparable injury would be caused to the plaintiff.
Senior counsel Venkatesh Dhond appearing for Whirlpool argued that the company had designed a washing machine in 2009 with a rectangular shape on one side and a semi-circular shape with jettisoned panel for the knobs on the other.
Videocons counsel Virag Tulzapurkar argued that its product has major variations like colour scheme,composition of lines,pattern and ornamentation.
