In Whirlpool of India Ltd v Videocon Industries Ltd (Notice of Motion No 2269/2012 in Suit No 2012/2012), the Bombay High Court has restrained Videocon from manufacturing and marketing its Videocon Pebble washing machine (that's the machine on the right; Whirlpool's is on the left). Videocon had maintained that a suit for infringement cannot lie against the registered proprietor of a design; its case was based on the interpretation of the words ‘any person’ in Section 22 of the Designs Act 2000 which, it claimed, excluded the registered proprietor of a design. When the interim application came up for hearing before the single judge of the Bombay High Court, the court -- citing earlier case law -- confirmed that an infringement action can lie against the registered proprietor of a design. There were some provisions of the Designs Act 2000 which excluded the registered proprietor, but Section 22 was not among them.

Source: "Design infringement action can lie against registered proprietor of design" by Adheesh Nargolkar and Smriti Yadav (Khaitan & Co, Mumbai), published in World Trademark Review, 18 June 2014