As promised in my previous post, today’s post looks at the three defenses of functionality, novelty and two design registrations by the Plaintiff with minor modifications on the same day, which were urged by the Defendant in the matter of Whirlpool of India Ltd. v. Videocon Industries Ltd. It will also look at whether the issue of passing off in this case was rightly decided by the Court. The first defense urged by the Defendant was that of functionality wherein...
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