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Bombay High Court grants relief to Atomberg Technologies against Polycab India

The Bombay High Court has restrained Polycab India Ltd from selling or marketing ceiling fans that are allegedly identical to Consumer products maker Atomberg Technologies’ smart fans until further order.

Mumbai-based home appliances startup Atomberg Technologies Pvt Ltd, in its plea argued that listed cable and electronic product maker Polycab India is infringing the design of its popular product Atomberg Renesa Ceiling Fan and sought court’s intervention to restrain the company from doing so.

“Visually the rival goods are nearly identical. Prima facie, it appears that the defendant (Polycab) has blatantly copied, created a replica and/or reproduced the overall design, shape, configuration and get-up of the Plaintiff’s Atomberg Renesa Ceiling Fan,” observed Justice RI Chagla in its September 14 order.

Before that, advocates Hiren Kamod and Vaibhav Keni of law firm Legasis Partners appeared for Atomberg Technologies and argued that the design of this particular fan was created by the company’s co-founders Manoj Meena and Sibabrata Das in September 2018.

Lawyers for Atomberg further argued that in August 2022, the company learnt about the respondent’s product Polycab Wizzy which has allegedly identical shape, configuration, design and aesthetic appeal.

“…the dishonesty of the defendant (Polycab India) is apparent from the fact that the defendant has also copied certain features/elements from the plaintiff’s packaging,” argued Kamboj. “The defendant’s acts amount to infringement of the plaintiff’s registered design and passing off.”

Passing off in IPR law means making a false representation that is likely to induce a person to believe that the goods or services are those of another.

While, counsel Vinod Bhagat, opposing this petition to grant ex-parte relief to Atomberg, sought more time from the court to seek further instruction in the matter from Polycab India.

However, the court, allowing ad-interim relief to the Mumba-based consumer appliance startup, observed in its 14-page order that, “The balance of convenience also lies in favour of the plaintiff (Atomberg) and unless the reliefs as prayed for are not granted, the plaintiff will suffer irreparable loss, harm and injury.”

The court, on September 26, posted the matter to November 21, 2022, for further hearing.

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