Steelbird had initiated a suit in infringement design.
27 Mar 2020 | 10205 Views | By Autocar Pro News Desk
Steelbird Helmets has been awarded Rs 96 lakh in damages in an order passed by Justice Rajiv Sahai Endlaw, Delhi High Court. Steelbird Hi-Tech India, had filed a case against Asia Fibre Glass Products, Ghaziabad seeking to restrain it from infringing upon its registered design of the helmet series 'Monarch'.
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Steelbird Helmets has been awarded Rs 96 lakh in damages in an order passed by Justice Rajiv Sahai Endlaw, Delhi High Court. Steelbird Hi-Tech India, had filed a case against Asia Fibre Glass Products, Ghaziabad seeking to restrain it from infringing upon its registered design of the helmet series 'Monarch'.
In May 2013, notices were ordered to be issued but there was no relief granted. Further Steelbird opted to continue the suit against Asia Fibre Glass Products and the amended plaint was taken on record.
The court found that the product was quite a success and came out exclusively and was therefore identified by members and the public. Steelbird had on the same said that shape of the helmet was commonplace and derived from a combination of known shapes which were pre-existing on the date of registration of the design.
Asia Fibre argued that the suit was filed to arm-twist small-time traders in order to eliminate competition. Further, it was contended that no loss of business was shown by Steelbird.
After going through all arguments and evidence, the Delhi High Court concluded that on the basis of "ex parte unrebutted evidence", Steelbird was entitled to Rs 96.08 lakh in damages. In addition, the apex court permanently injuncted Asia Fibre from infringing Steelbird’s registered design, and ordered recovery of costs of Rs 315,000.