Fashion designer Sabyasachi Mukherjee granted injunction for infringement of his designer lehengas
Indian Fashion designer Sabyasachi Mukherjee has recently filed a suit for design infringement before the Delhi High Court for an injunction order concerning the violation of his registered lehenga designs.
Sabyasachi, who has a significant presence in the Indian fashion industry and enjoys a global reputation, is aggrieved by the infringement of his registered designs for lehengas. He stated for both the designs, the registration attests to the novelty residing in the surface ornamentation of the garment set.
Sabyasachi claimed that Mr. Ankit Keyal, proprietor of Asiana Couture & Ors (the defendant), uses a deceptively similar design to his registered design for ‘Rusheeda’ and ‘New Botanical Lehenga/P.C Lehenga.’ This act amounts to piracy within the meaning of Section 22 of the Designs Act, 2000.
Section 22 of the Designs Act provides that during the existence of copyright in any design, it shall not be lawful for any person to apply and import for sale any design without the consent of the registered proprietor of the design.
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A visual representation of the designs:
The defendants’ design is a blatant imitation of the plaintiff’s registered designs, even if not kept side by side. The defendant has also advertised and marketed the products on their respective social media handles, which is an apparent attempt to link their products with the plaintiffs.
Justice C. Hari Shankar of the Hon’ble Delhi High Court restrained the defendants from manufacturing, applying, selling, offering for sale, importing, advertising/publishing, directly or indirectly dealing in the afore-mentioned lehengas or any garments/similar article which is obvious or fraudulent imitation of the plaintiff’s registered design.
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The Court further ordered the defendant to remove all the impugned infringing designs from all online platforms including but not limited to Facebook, Instagram and other third party websites.
This injunction order will continue till the next date of hearing, i.e., 24th January 2022.
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