DEVAGIRI FARMS PVT. LTD Vs. SANJAY KAPUR

JUDGEMENT

(1.) Issue concerns a trade dress. The respondents, Sanjay Kapur and Naina Kapur, hereinafter referred to as Kapurs sell tea under the trade name 'San -Cha'. Kapurs pack the tea which they sell in a soft paper packet shaped as a rectangular cuboid; the package being slipped into a fabric sleeve and tied at the mouth by a traditional drawstring/dori. The grievance is to the fabric sleeve(s) used by the appellant.

(2.) In a suit seeking damages and permanent injunction, prayer for an interim injunction pending disposal of the suit has been granted in favour of Kapurs and against the appellant. IA No.5961/2012 filed under Order 39 Rule 1 and 2 of the Code of Civil Procedure; and since an ex -parte ad - interim injunction was granted against the appellants, IA No.7602/2012 filed under Order 39 Rule 4 of the Code of Civil Procedure by the appellant have been disposed of; the former being allowed and the latter dismissed vide impugned order dated February 28, 2014.

(3.) The appellant sells tea under the trademark BAGAN. The Kapurs under the trade name San -Cha.