U.S Company Mars Incorporation filed a case against School Shoe Co. Mars filed a case against School Shoe Co. alleging infringement of registered design. These designs are related to perforated and non-perforated designs

U.S Company Mars Incorporation filed a case against School Shoe Co. Mars filed a case against School Shoe Co. alleging infringement of registered design. These designs are related to perforated and non-perforated designs. Mars claim that it is the owner of the registered design and School Shoe Co. is imitating the design of the footwear of Mars. Whereas on the other hand School Shoe Co. had contended there could not be any piracy as the disputed design registration is invalid. The School Shoe Co. has argued that registered design of Mars, when it was registered was not new or original design and the design concerning which Mars claims exclusive entitlement was in public domain already on its website since December, 2002 and the registration done by Mars for the design in India and U.S. was done in the year 2004. Based on the above fact do you think Mars Incorporation will succeed in stopping School Shoe Co. to use its design? Substantiate your answer with case law(s).