DABUR INDIA LTD Vs. ASHOK AUSHADHI UDYOG

JUDGEMENT

(1.) This suit has been filed by the plaintiff seeking a decree of permanent injunction restraining the defendant and their agents etc. from directly or indirectly dealing in ayurvedic tonics that are/may be deceptively similar to the labels of the plaintiff, a decree of permanent injunction restraining the defendant and their agents etc. from using the impugned labels or any colourable imitation or substantial reproduction thereof; a decree of delivery up of all the infringing bottles, packaging, labels, dyes etc. to the plaintiff for erasure; a direction for rendition of accounts of profits illegally earned by the defendant and a decree for damages in lieu thereof. BRIEF FACTS

(2.) The plaintiff is a Public Limited Company which has been carrying on trading activities of a wide range of pharmaceuticals, toiletries, ayurvedic and other such preparations since 1884. The present suit has been filed with relation to two ayurvedic tonics of the plaintiff - Dashmularishta, a general tonic for weakness and Ashokarishta, a health tonic for women.

(3.) The plaintiff has spent Rs. 22.50 lac as promotional and advertising expenses of the two products in 2002-03 alone. The sale figures of both products in the year 2002-03 have been shown to be above Rs. 6 Crore and Rs. 11 Crore for Ashokarishta and Dashmularishta respectively. The details of the label and get up of the products has been produced in para 4 of the plaint. The plaintiff claims to be the owner of copyright in the artistic work of the said labels/get up within the meaning of Section 17 of the Copyright Act as the same were designed by Kriti Advertising under a contract of service. Further, the models in the pictoral representation of the labels and advertisements have been shot by Mudra Communications Pvt. Ltd. under a contract of service.