Symphony Coolers: Gujarat High Court Issues Consent Decree Pursuant To Settlement Of Dispute Over Infringement Of Air Cooler Design

The Gujarat High Court recently passed a consent decree in terms of a settlement arrived between renowned Symphony coolers and Raj Cooling System Pvt Ltd in connection with a suit for permanent injunction instituted under the Designs Act, 2000.

The suit was filed by Symphony Ltd. alleging infringement of the Designs Act by the Respondent company, alleging that the latter has been selling their product of air cooler having model name ALLWYN AC201 and ALLWYN AC203, whose is similar to Symphony's design vide registration no. 288184.

The Plaintiff sought that the Defendant party to calculate the amount of profit earned by them by the sale of such air coolers and thereby furnish this amount to the Plaintiffs along with 18% interest from the date of the suit till realisation. It was further sought that the Defendants destroy the moulds for the air coolers, along with the cooler frames, bodies, printing materials, blocks, dyes, stencils, stationery materials, and related apparatus which was used to infringe the products of the Plaintiff.

A Bench consisting Justice Bhargav Karia noted that during the pendency of the suit, the Plaintiff and the Defendants had arrived at a settlement and pursuant to the Application under Order 23 Rule 3 of CPC, the Plaintiff had placed the 'Consent Terms' on record.