DABUR INDIA LIMITED Vs. EMAMI LIMITED

JUDGEMENT

(1.) The learned counsel for the applicant states that these applications have become infructuous. Dismissed as such. This is an application under Order 39 Rule 2-A of the Code of Civil Procedure, 1908 claiming that the order dated 09.03.2004 passed by this court has been violated by the defendant. By that order, this court had restrained the defendants from exhibiting in its television commercial the bottle of hair oil which is shown with the remark Lekin Ek Tail Bechara Kya Kare as the design of the said bottle was similar / identical to the design of the plaintiff's bottle which is registered. It was further directed by this court that the defendant may, however, change the aforesaid bottle and continue with the T.V. Commercial for publicising its Imami hair oil. The advertisement was aired for the first time on 01.03.2004. This order was passed on 09.03.2004 and, according to the counsel for the defendants, as soon as they came to know of this order, they changed the bottle and showed the advertisement with a different bottle and the same were thereafter aired from 15.03.2004 uptill about the end of April, 2004. The counsel for the defendant further submits that the product which is advertised by the defendant in the said advertisement has been withdrawn w.e.f. last week of April, 2004.

(2.) The learned counsel for the plaintiff, however, submits that if one were to look at the television commercial as a movie rather than as a sequence of stills, it would become clear that the impression that is created with the public is that it is the same before or after the change. Although it has been changed, the impression would be the same.

(3.) The learned counsel for the defendant, however, submits that they have fully complied with the order of the court dated 09.03.2004 inasmuch as they did change the bottle as well as the design of the cap. However, the learned counsel for the defendant submits that if the impression is that the bottle is the same, then that was not their intention and it was never their intention to disobey the orders of this court and for which purpose they render an unconditional apology. The apology is accepted. This application stands disposed of. The written statement has been filed by the defendant. The learned counsel for the plaintiff shall file the replication within four weeks. Thereafter, the parties shall have four weeks to file their documents. To come up before the Joint Registrar for admission / denial on 16.02.2006 and to come up for framing of issues before the court on 25.04.2006.