- 1 - HC-KAR NC: 2025:KHC:41260 OS No. 1 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORIGINAL SUIT NO.1 OF 2009 BETWEEN: 1. SMT. B.K. ANNAPURNAMMA AGED: 72 YEARS, W/O. LATE MR. B.N. KRISHNIAH SETTY, PARTNER OF M/S. SARATHI PERFUMERY WORKS 2. SRI B.N.K. SARATHI AGED: 56 YEARS, W/O. LATE MR. B.N. KRISHNIAH SETTY, PARTNER OF M/S. SARATHI PERFUMERY WORKS 3. SMT. B.S. NAGARATHNA AGED: 56 YEARS, W/O. LATE MR. B.N.K. SARATHI, PARTNER OF M/S. SARATHI PERFUMERY WORKS 4. SRI B.S. SAPTHAGIRI AGED: 31 YEARS, W/O. LATE MR. B.N.K. SARATHI, PARTNER OF M/S. SARATHI PERFUMERY WORKS ALL ARE RESIDING AT NO.33/12, 10TH CROSS, II BLOCK, JAYANAGAR, BANGALORE-560011. …PLAINTIFFS (BY SMT. PRIYA V., ADVOCATE) AND: M/S. MAHENDRA PERFUMERY WORKS A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER MR. B.KRISHNAKUMAR Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41260 OS No. 1 of 2009 S/O BETTAIAH SHETTY HAVING ADDRESS AT: NO.72/2, 5TH MAIN ROAD, RAGHAVENDRA COLONY, CHAMARAJPET, BANGALORE-18. …DEFENDANT (BY SRI L.S. VENKATKRISHNA, ADVOCATE & SRI N. KAVITHA, ADVOCATE) THIS ORIGINAL SUIT IS FILED UNDER SECTION 22(2) OF THE DESIGNS ACT, 2000, PRAYING TO PERMANENT PROHIBITORY INJUNCTION RESTRAINING THE FIRST AND THE SECOND DEFENDANTS BY ITSELF, ITS AGENTS, AND SUBSIDIARIES, FROM USING THE REGISTERED DESIGN OF THE PLAINTIFF; DESIGN REGISTRATION NUMBER 203040 OR ANY IDENTICAL, SIMILAR OR FRAUDULENT IMITATIONS OF THE SAME AND SELLING/EXPOSING FOR SALE AND MARKETING PRODUCTS BY USING, IMITATING IN ANY MANNER THE PLAINTIFFS REGISTERED DESIGN AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The suit is filed seeking for the following reliefs: “Wherefore, the Plaintiffs pray that this Honourable Court may be pleased to pass a judgment and decree. i. Permanent prohibitory injunction restraining the first and the second Defendants by itself, its agents, and subsidiaries, from using the registered design of the plaintiff; Design Registration number 203040 or any identical, similar or fraudulent imitations of the same and - 3 - HC-KAR NC: 2025:KHC:41260 OS No. 1 of 2009 selling/exposing for sale and marketing products by using, imitating in any manner the plaintiffs registered design. ii. Permanent Prohibitory Injunction restraining the first and the second Defendant by itself, agents, subsidiaries or otherwise whomsoever in any manner using in relation to its products the design or any design which are deceptively similar to plaintiffs registered design and trade dress of the plaintiff so as to pass off products of the Defendants as those of the Plaintiffs. iii. Directing the defendants to pay the plaintiff an amount of Rs.25000/- (Rupees Twenty Five Thousand Only) as damages. iv. Directing the defendants to pay the plaintiff the entire cost of this suit, and v. Grant such other or further relief as this Honourable Court may deem fit in the interest of justice.” 2. The suit was originally filed before the City Civil Judge, Bengaluru and numbered as O.S. No.2749/2007. On the application filed by the plaintiff under Sections 22 (3) and 22 (4) of the Designs Act, 2000 (‘the Act’ for - 4 - HC-KAR NC: 2025:KHC:41260 OS No. 1 of 2009 short) read with Section 151 CPC, the Trial Court, by order dated 20.11.2008, transferred the suit to this Court, where it is now pending before this Court. 3. The plaintiffs, partners of M/s. Sarathy Perfumery Works, a partnership firm, engaged in the business of manufacturing and selling utensils for both domestic and international markets. The plaintiffs state that they have designed the unique box functioning as both a carton and a display box for carrying their products. The, the plaintiffs applied for and were granted registration for this unique design, thereby acquiring exclusive ownership of the said design. The plaintiffs design is registered under the Act from the Controller of Patents and Designs, bearing registration No.204030. The copyright of the said design, as indicated by document-B, is valid from 20.04.2006 to 2016. 4. Section 11 of the Act reads as under: “11. Copyright on registration.—(1) When a design is registered, the registered proprietor of - 5 - HC-KAR NC: 2025:KHC:41260 OS No. 1 of 2009 the design shall, subject to the provisions of this Act, have copyright in the design during ten years from the date of registration. (2) If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of ten years.” As per Section 11 of the Act, once a design is registered, the copyright in that design subsists for a period of ten years from the date of registration. 5. The relief sought in the suit restraining the defendant from using the plaintiffs’ registered design, has been rendered infructuous by efflux of time, as the plaintiffs no longer have a subsisting right. The registration of the plaintiffs’ design of the display box was valid only until 2016, therefore, the cause of action does not survive. The suit is accordingly dismissed as having become infructuous. - 6 - HC-KAR NC: 2025:KHC:41260 OS No. 1 of 2009 6. Ms. Priya, who appeared before the Court, has ably assisted the Court by placing the relevant material facts on record. Though she submits that she could not file the vakalath as sought earlier, her assistance has been of value. The efforts made by her are appreciated and placed on record. Sd/- ____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 23