Recently, the Hon’ble Bombay High Court granted an interim injunction in favour of Travel Blue Limited, and its Indian subsidiary Travel Blue Products India Private Limited, (“Travel Blue”), restraining the Miniso Lifestyle Pvt. Ltd. and Miniso Hong Kong Ltd (“Miniso”) from pirating Travel Blue’s registered design for its Tranquillity Neck Pillow.
Travel Blue first registered its Tranquillity Neck Pillow design in India and several other countries in 2015, and thereafter, began marketing and selling the product through online and offline modes. In 2024, Travel Blue discovered that Miniso was selling travel neck pillows with features and colors identical to its Tranquillity Neck Pillow.
Miniso, in its defense, claimed that Travel Blue had concealed the existence of similar prior designs when it applied for the registration of its neck pillow. It also argued that the rival products were materially different, citing differences in contours, length, clasp placement, and style. Additionally, Miniso claimed that features like the pillow’s foldability, storage pouch, and memory foam were purely functional and could not be monopolized, and therefore, Travel Blue’s design registration should be cancelled.
The court rejected Miniso’s arguments. It pointed out that while Miniso had challenged Travel Blue’s design registration as being functional, these contentions were contrary to its pleadings where Miniso had accepted the visual appeal of Travel Blue’s design The court also noted that Miniso failed to provide evidence of any similar third-party products that existed before Travel Blue’s registration. According to the court, a claim to cancel a registered design based on prior publication requires clear evidence in a brochure, book, or journal clearly illustrating the prior design. The court also observed that, prima facie, Travel Blue’s pillow had aesthetic appeal, and was not purely functional in nature. Ultimately, the court found that Miniso’s travel pillow had an obvious similarity to Travel Blue’s registered design and, as a result, granted the injunction in favour of Travel Blue.
Travel Blue Products India Private Limited and Another v. Miniso Life Style Private Limited and Another., Commercial IPR Suit (L) No. 28275 of 2024