DABUR INDIA LTD Vs. K R INDUSTRIES

JUDGEMENT

(1.) Leave granted.

(2.) Appellant is a manufacturer of a product known as "Dabur Red Tooth Powder" or "Dabur Lal Dant Manjan". In the year 1993, it had allegedly adopted a unique colour combination and arrangement of features which was subsequently changed in December 1999.

(3.) Respondent herein is also said to be manufacturer of a tooth powder known as "Sujata". It is said to have infringed the copy right of the appellant. A suit was filed by the appellant against the respondent in the Delhi High Court. Paragraph 7 of the plaint reads thus :