Whirlpool of India Ltd. v Videocon Industries Ltd. (2014)

Intellectual Property Rights II · Distinction Between Design, Trademark, Copyright and Patent

Facts.

Whirlpool held registered designs for washing machines; Videocon marketed machines with a closely similar appearance. Whirlpool sued for piracy.

Issue.

When is a rival product an “obvious or fraudulent imitation” of a registered design?

Held.

Imitation is judged by the eye of the ordinary customer, looking at the overall visual impression. Videocon’s machines were obvious imitations; injunction granted.

Why it matters.

Confirms the visual “eye” test for piracy under s.22 and the availability of injunctive relief.

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