Kirmo Rubber Tubes and Tyres Ltd ('Kirmo') manufactures tyres with a peculiar tread pattern over which it has claimed proprietary rights. Sumo Tubes Private Ltd ('SUMO') also manufactures truck tyres with similar tread p

Kirmo Rubber Tubes and Tyres Ltd ('Kirmo') manufactures tyres with a peculiar tread pattern over which it has claimed proprietary rights. Sumo Tubes Private Ltd ('SUMO') also manufactures truck tyres with similar tread pattern like that of Kirmo. During one of the market survey by Kirmo marketing professionals, it was observed that the shopkeepers were selling SUMO tyres saying the design and make is similar to those of Kirmo, thereby causing damage to Kirmo. Kirmo filed a suit against SUMO for infringement of its proprietary rights and an interim injunction was granted in favour of Kirmo. SUMO moved an application to vacate the stay and contended that the tread pattern of truck tyre is not covered under copyright. In the background of judicial pronouncements, comment whether SUMO will succeed.