Law:

Section:

(a) Registered Designs Ordinance (XLV of 2000)------- --------S. 3(2)--------Registrable designs-------'Ordinary observer'/'point of novelty'-------Tests-------Historical background. Sears, Roebuck & Co. v. Talge, 140 F.2d 395 (8th Cir. 1944); Litton Systems, Inc. v. Whirlpool Corp., 728 F.2d 1423 (Fed. Cir. 1984) and Egyptian Goddess v. Swisa (543 F3d 665 (Fed. Cir. 2008)) rel. (b) Registered Designs Ordinance (XLV of 2000)------- --------S. 3(2)------- Registrable designs------- Visual aspect of designs-------Relevance-------Visual aspects are of seminal importance, which means that when someone looks at one design and then looks at the second design, and if he gets confused and it becomes hard for him to make a distinction between the two designs, then S. 3(2) of Registered Designs Ordinance, 2000 kicks in-------For S. 3(2) of Registered Designs Ordinance, 2000 to be applicable, the complete and overall impression that stays in the intending purchaser's mind when he looks at the two designs is critical. (c) Registered Designs Ordinance (XLV of 2000)------- --------S. 3(2)------- Registrable designs------- 'Ordinary observer'/'point of novelty'-------Tests-------Applicability and scope-------Court, while deciding the cases about the design similarities routinely applies two tests: firstly, original 'ordinary observer' test and subsequently developed 'point of novelty' test'-------In the ordinary observer test, court considers rival designs from the eyes of an ordinary observer, giving such attention as a purchaser usually gives and then determines whether or not through those eyes the two designs are substantially the same. Gorham Co. v. White, 81 U.S. 511, 528 (1871) rel. (d) Registered Designs Ordinance (XLV of 2000)------- --------S. 3(2)-------Patents and Designs Rules, 1933, R. 35(2)-------Registrable designs-------Determination-------Classification of goods-------In case two designs are identical, the law will prohibit the one that is copied or produced later; however, if the same are plainly dissimilar, they can co-exist freely and happily, because designs are personal choices-------Diversity is the natural beauty of life and freedom to choose from…