February 08, 2010

The Supreme Court (SC) has quashed the judgement of the Delhi high court and ruled that an appeal against the decision of the Controller of Designs and Patents, Kolkota, should be moved before the Calcutta high court, and not the Delhi high court. The judgement was delivered in a dispute between Godrej Sara Lee Ltd and Reckitt Benckiser Australia PTY Ltd over the design of certain insecticide sprays to kill cockroaches and mosquitoes.

Reckitt filed a suit against Godrej in the Delhi high court alleging infringement of its registered design. Godrej filed a statement the designs of Reckitt were liable to be cancelled under the Designs Act. Godrej also filed a petition for cancellation of designs standing in the name of Reckitt. The controller accepted the latter petition and cancelled three designs. Reckitt moved the Delhi high court. It held it has jurisdiction to hear the dispute. Godrej moved against the high court stand and the SC allowed its appeal.