It will be seen that to be registrable, an industrial design must come within the meaning of the expression “designs” in section 12 of the Act. It is any combination of lines or colours or both, and any three dimensional form, whether or not associated with colours that is an industrial design. What actually constitutes the design is that particular combination and arrangement of lines which give such features. It is therefore important in a case where the newness of a design is in dispute, as in this case, the design claimed to be infringed and the infringing design should be put side by side to enable the court to compare and determine whether they are basically the same or whether there are fundamental differences in the shape and pattern of the lines. See Ajibowo & Co. Ltd. v. Western ile Mills Ltd. (1976) 7 SC. 97.
— O. Ogwuegbu, JSC. Uzokwe v. Densy Industries Nig. Ltd. & Anor. (2002) – SC.134/1999