In the case of VE Commercial Vehicles Limited v Jaswant Industries & Ors, the Delhi High Court granted the injunction restraining Jaswant Industries & Ors (Jaswant Industries and two travel companies collectively known as Defendants) from dealing with the buses infringing design registrations of VE Commercial Vehicles Limited (VE Commercial).
VE Commercial, a joint venture between Volvo Group and Eicher Motors, approached the Court claiming that Jaswant Industries was infringing four registered designs of their Volvo 9600 buses. VE Commercials stated the suit designs had unique features such as V-shaped headlights, top domes with marker lamps, hexagonal rear windshields, air inlet grills, and distinct tail lamps which were infringed by Jaswant and two traveling companies. As proof, VE Commercials presented a visual comparison of photographs of both products from different angles.
After reviewing the evidence, the Court ordered the Defendants not to manufacture, sell, or use the suit designs in any future products. Furthermore, the Court issued several orders to address the alleged infringement:
- Exemption from pre-litigation mediation: VE Commercial argued that the Defendants' ongoing sale and use of buses with infringing designs were causing immediate financial and reputational harm, and there was a risk that evidence of infringement could be destroyed. This made it critical to address the issue without delay. Thus, the Court granted an exemption from pre-litigation mediation due to the urgency of the matter.
- Defendant’s Undertaking: Jaswant Industries admitted to manufacturing and selling the suit designs but also claimed that they had done so under the instructions of the two travel companies. Jaswant Industries also undertook to disclose existing inventory and reveal names of customers who purchased the infringing buses. Furthermore, they would also attempt to recall the buses already in the market to modify them and remove the infringing features. Additionally, Jaswant Industries undertook to provide information regarding the suppliers of raw materials used in the manufacture of the infringing buses.
Given this undertaking, along with the agreement to cease the production and sale of infringing buses, VE Commercial chose not to press for further immediate relief against Jaswant Industries. This allowed the focus to shift towards resolving the matter through mediation and ensuring compliance with the undertakings provided.
- Mediation referral: The Court referred VE Commercial and Defendants to the Delhi High Court Mediation and Conciliation Centre to facilitate an amicable resolution of the matter. Both sides were allowed to appear physically or via video conference for mediation discussions;
- Appointment of local commissioners: The Court appointed two Local Commissioners to visit the premises of Defendants 2 and 3 to inspect the infringing buses. Their task included taking an inventory, photographing, and sealing any buses or materials that bore designs identical or similar to VE Commercial's registered designs. The Court also ordered that sealed items could be returned to the VE Commercial, provided they gave an undertaking not to tamper with the evidence; and,
- Interim injunction: The Court passed an interim injunction, restraining traveling companies from publishing, causing publishing, making, manufacturing, offering for sale, selling, using, importing, advertising, or in any manner dealing in articles or goods that featured the infringing designs until the matter was fully resolved.
- Program that solves a problem within the computer itself; and/or
- Effect of the program is not merely within the computer but where the beneficial consequences feed into other devices.
This order from the Court demonstrates the judiciary’s commitment to provide immediate protection to industrial design rights and curbing unfair competition while providing clear opportunities for mediated resolution between parties.