SUMMARY
The relief was given to Atomberg after Justice RI Chagla observed that Polycab had a ‘nearly identical’ visual design to that of one of Atomberg’s fans
In the circumstances, an overwhelming prima facie infringement of the plaintiff’s registered design and passing off is made out: Justice Chagla
Founded in 2012, Atomberg manufactures ceiling fans, pedestal fans, wall fans, exhaust fans, fan accessories and mixer grinders
In a major relief to D2C cleantech startup Atomberg, the Bombay High Court has extended the restraining order against listed electrical company Polycab India, prohibiting it from selling or marketing some ceiling fans.
The ad-interim relief was first given to Atomberg on September 14 after the Bombay High Court’s Justice RI Chagla observed that Polycab had a ‘nearly identical’ visual design to that of one of Atomberg’s ceiling fans.
“In the circumstances, an overwhelming prima facie infringement of the Plaintiff’s registered design and passing off is made out,” observed Justice Chagla
Justice Chagla provided an ad-interim relief to the D2C startup in the face of that and called for the next hearing on September 26. However, the Bombay HC moved the hearing to November 21 ‘on account of paucity of time’ and extended the ad-interim relief provided to Atomberg till the same date.
The Mumbai-based startup argued in its plea that Polycab India infringed the design of its product ‘Atomberg Renesa Ceiling Fan’ and sought a restraining order against Polycab for the same.
Justice Chagla noted in his 14-page order, “Visually the rival goods are nearly identical. Prima facie, it appears that the Defendant (Polycab) has blatantly copied, created a replica and/or reproduced the overall design, shape, configuration, get up of the Plaintiff’s Atomberg Renesa Ceiling Fan.”
Advocates Hiren Kamod and Vaibhav Keni of Legasis Partners, appearing for Atomberg Technologies, argued that the particular model, Atomberg Renesa Ceiling Fan was created by the D2C startup’s cofounders Manoj Meena and Sibabrata Das in September 2018.
They added that Atomberg also secured the registration of the design of the ceiling fan in September 2018. Atomberg’s lawyers further argued that the electrical company’s ‘Polycab Whizzy’ model has the same shape, configuration, design and aesthetics as Atomberg’s model.
“He submits that imitation done by the Defendant is so fraudulent and/or obvious that it is difficult to distinguish between the Atomberg Renesa Ceiling Fan of the Plaintiff and the impugned fan of the Defendant,” observed Justice Chagla in his order.
Under intellectual property rights law, passing off means misrepresenting one’s products as that of another.
Founded in 2012 by Meena and Das, Atomberg manufactures energy-efficient, remote and voice-controlled ceiling fans, pedestal fans, wall fans, exhaust fans, fan accessories and mixer grinders.
Atomberg has raised $41.4 Mn in institutional funding to date, with the latest funding round being a $20 Mn round in December 2021. The D2C startup is backed by A91 Partners, Trifecta Capital, Whiteboard Capital Fund and Deepika Padukone’s family office KA Enterprises.
