Vakil Help Desk News: in a design-infringement suit, the Delhi High Court has allowed a defendant to place additional documents on record — including catalogues said to show earlier use of the designs — holding that their genuineness and value are to be tested at trial.
Vakil Help Desk News, IPR. In a design-infringement dispute, the Delhi High Court allowed a defendant to bring additional documents on record, including catalogues said to show it had earlier made goods using the designs in question. The order in Exports International Corporation & Anr. v. Mahesh Chandra and Brother (CS(COMM) 514/2026) was passed by Justice A. J. Bhambhani.
The dispute
The plaintiffs alleged design infringement. The defendant sought leave to file additional documents — catalogues or design inventories said to show prior use of the designs, and consignment notes matching its invoices. The plaintiffs objected that the catalogues were 'self-created', lacked authenticity, and should have been filed earlier.
What the Court held
- Whether the documents are relevant, admissible and genuine is a matter for trial, not for the stage of taking them on record.
- The defendant was allowed to place the additional documents on record, with the plaintiffs free to challenge them at trial.
- The Court also condoned a short delay in the plaintiffs' rejoinder.
Why it matters
In a design case, 'prior art' — proof that a design already existed before registration — can decide whether the registered design is valid. This ruling is a reminder that such evidence will be tested at trial, so both sides should keep clear, dated records of their designs.
What this means for you
In design disputes, dated records are everything. If you own a registered design, keep proof of when you created and first used it. If you are accused of infringement, earlier catalogues, invoices and consignment notes showing prior use can support a challenge to the registration's validity — but they must be genuine and will be tested at trial. Register your designs early, and keep an organised, dated design archive.