Videocon Industries failed to secure any relief from the Bombay high court in its legal battle with rival, Whirlpool India, over the design of a washing machine.
On Monday, a division bench of the Bombay high court dismissed an appeal filed by Videocon Industries challenging a single judge order of July 25 that temporarily restrained the company from selling one of its products as it was similar to another by Whirlpool India.
The division bench of chief justice Mohit Shah and justice Niteen Jamdar upheld the interim order issued by justice BR Gavai restraining Videocon Industries from selling Pebble, a semi-automatic washing machine. Acting on a plea filed by Whirlpool India, justice Gavai had concluded Pebble’s design was merely an imitation of ACE, a registered design of Whirlpool India.
Whirlpool India has sold about 3 lakh ACE washing machines since the product was introduced in September 2010.
Videocon contested the allegations claiming it was a pioneer in manufacturing semi-automatic washing machines in India and its brand has a good reputation, leaving no question of passing off another’s design as its own.
Justice Gavai, however, found the two designs similar and concluded that prima facie, it was a case of infringement. The division bench on Monday upheld the conclusions of the single judge.