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IP Case Law › Designs › Diageo Brands B.V. & Anr. v. Alcobrew Distilleries India Pvt…

Designs Ragulika IP case note

Diageo Brands B.V. & Anr. v. Alcobrew Distilleries India Pvt. Ltd.

CourtDelhi High Court
BenchHon'ble Justice C. Hari Shankar
Case numberCS(COMM) 30 of 2022
Citation2022:DHC:005661
Judgment date19 December 2022
IP categoryDesigns
PartiesDiageo Brands B.V. & Anr. (Plaintiffs) v. Alcobrew Distilleries India Pvt. Ltd. (Defendant)

Relevant Acts and provisions

Designs Act, 2000

Section 22

Provisions considered: Section 22(1) of the Designs Act, 2000, on the test for design infringement and functional features.

Brief facts

Diageo, owner of a registered design for a distinctively shaped whisky bottle, sued Alcobrew alleging that a rival bottle infringed the registered design and was an obvious or fraudulent imitation under Section 22.

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Keywords

Design Infringement Functionality Novelty Scope Of Design Protection Trade Dress

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