Delhi High Court’s order to protect novelty in the dispute of UPL and Sikko Industries

NEWS

By Unnat Akhouri

On 4th June 2021, Justice C. Hari Shankar (Delhi High Court) has passed an ex-parte judgement regarding the design infringement suit between UPL Limited and Sikko Industries Ltd. Through this order, Sikko Industries is restrained from releasing, in the market, any product, including "SIKPHOS" in the container having the disputed design till the next hearing, on 27thAugust 2021. However, the court did not restrict the manufacturing of the allegedly imitative containers.  In this case, UPL Limited designed an airtight container with aesthetic appeal to store and 

NEWS

transport Aluminium Phosphide (ALP). ALP is very harmful to insects and human life; therefore, this new container was a perfect innovation, considering the three unique characteristics highlighted by UPL, including the requirement of an impressive opener and easy access to the product inside and handling. Following this, UPL alleges that Sikko Industries promoted ALP with its mark (SIKPHOS) in a container similar to UPL itself, infringing its registered design under Section 22 of the Designs Act, 2000. Moreover, Sikko Industries was almost on the verge of releasing the container on the market, and the similarity in design would create confusion among the customers. On passing an ad-interim relief, the court has displayed its inclination towards UPL but gave a chance to Sikko Industries to file its reply.

By Unnat Akhouri