'Heavy Duty Company' manufactures 'Pick-N-Carry Hydraulic Self Mobile Cranes' developed and registered under the Designs Act, 2000. They filed a suit for permanent injunction and infringement against 'Robust Mechanicals

Hon'ble Supreme Court of India held that expression new or original appearing in Section 4 of the Design Act means that the design which has been registered has not been published anywhere or it has been made known to the public and that it had been invented for the first time or it has not been reproduced by anyone. In the matter of M/s Brighto Auto Industries vs. Shri Raj Chawla (ILR 1978 (1) Delhi) it was held by the Honorable Court that new is taken generally to mean as different to what has gone before and original as something originating from the author. In the matter of novelty, the eye has to be the ultimate arbiter and the determination has to rest on the general ocular impression. To secure recognition for its newness or originality it is imperative that a design identical with or even materially similar to the relevant design should not have been published or registered previously. A slight trivial or infinitesimal variation from a pre-existing design will not qualify it for registration taking into account the nature involved the change introduced should be substantial. Itis not necessary to justify registration that the whole of the design should be new, the newness may be confined to only a part of it but that part must be a significant one and it should be potent enough to impart to the whole design a distinct identity, unless the registration sought for the said part alone.