LAWS(DLH)-2023-6-91

MARICO LIMITED Vs. DABUR INDIA LIMITED

Decided On June 02, 2023
MARICO LIMITED Appellant
V/S
DABUR INDIA LIMITED Respondents

JUDGEMENT

(1.) I.A. No. 10716/2022 has been filed by the plaintiff inter alia praying for the grant of an ad interim injunction restraining the defendant, its directors, principals proprietor, partners, officers, employees, agents, distributors, shopkeepers, franchisees, licensees, representatives and assigns from communicating to public or otherwise sharing, forwarding the defendant's WhatsApp Advertisement or the defendant's Print Advertisement or any part thereof or any other advertisement of a similar nature in any language or in any manner disparaging the goodwill and reputation of the plaintiff's product 'Nihar Natural Shanti Badam Amla Hair Oil' and the registered Nihar trade marks.

(2.) On the other hand, I.A. No. 11057/2022 has been filed by the defendant seeking vacation of the ad-interim order of injunction granted in favour of the plaintiff vide order dtd. 13/7/2022.

(3.) At the outset, it is important to note that the operation of the ad interim order dtd. 13/7/2022 was suspended vide order dtd. 19/7/2022. The plaintiff has thereafter filed I.A. No. 12154/2022 praying that strict action be taken against the defendant for making a false statement and for the revival of the ad interim injunction on the impugned Print Advertisement granted on 13/7/2022.