DABUR INDIA LTD Vs. RJESH KUMAR

JUDGEMENT

(1.) THE plaintiff filed a suit for permanent injunction against defendants claiming that the defendants were infringing trade mark and registered design of the plaintiff and were passing off their goods as those of the plaintiff. Defendants also claimed damages and rendition of accounts. The above application being IA No. 1881/07 is made by the plaintiff under Order 39 Rule 1 and 2 CPC.

(2.) THE brief facts relevant for purpose of deciding this application are that plaintiff claimed that it was marketing 'dabur Amla Hair Oil' in bottles having a distinctive design having semi circular shoulder with curvaceous back and front panel converging taperly into each other. The shape and configuration of plaintiff's bottle was unique, novel and original and was registered as design No. 17324 under the Designs Act and was valid upto 24th February, 2011. The green cap put over the bottle was also unique and this was registered under Designs Act as design No. 171486 valid upto 11th june, 2011. It is also contended that these bottles were having embossing of trade mark 'dabur' of the plaintiff at the bottom. It is alleged that the defendants were manufacturing plastic bottles which were imitation of the bottles of the plaintiff and were having embossing 'dabur' trade mark on the bottom and the defendants were selling these bottles to counterfeiters of 'dabur Amla Hair Oil'. Thus defendants were infringing designs of the bottle of the plaintiff as well as cap of the bottle.

(3.) AN ex parte interim order was granted to the plaintiff by the Court for seizure of the infringing material. The Local Commissioners visited the premises of all the 3 defendants and seized certain boxes of empty bottles as well as the ledger of defendant No. 3 showing that the empty bottles were being sold to different persons.