A Comparative Analysis of Design Infringement under The Designs Act, 2000: Casio Vs. Nexus32 & Whirlpool Vs. Videocon
This case analysis examines two landmark design infringement disputes under the Designs Act, 2000: Casio Keisanki Kabushiki Kaisha vs. Riddhi Siddhi Retail Venture (2023) and Whirlpool of India vs. Videocon Industries (2014). Both cases involve alleged piracy of registered designs—a musical keyboard and a washing machine, respectively—yet present distinct legal arguments concerning novelty, registration validity, and infringement by registered proprietors. The analysis delves into key provisions such as Sections 4, 19, and 22 of the Designs Act, exploring judicial interpretation of “novelty,” “prior publication,” and “any person” in infringement proceedings. The paper also traces jurisprudential evolution over nine years, highlighting how courts assess similarity, originality, and the interplay between cancellation and infringement defenses. The findings underscore the critical role of novelty in design protection and the judiciary’s evolving approach to balancing statutory interpretation with equitable outcomes.