RECKITT BENCKISER INDIA LTD Vs. WYETH LIMITED

JUDGEMENT

(1.) THESE applications, one by the plaintiff for an ad interim injunction under Order 39 Rules 1 and 2 CPC and the other for vacating the ex parte injunction by the defendant under Order 39 Rule 4 CPC, have been filed in respect of the suit which is essentially a suit for infringement of a registered design. In the said suit, the plaintiff has, inter alia, sought the relief of permanent injunction as well as damages.

(2.) AS per the plaint, the plaintiff was incorporated on 05.07.1951 under the name and style of Reckitt and Coleman of India Limited. However, pursuant to a worldwide merger between Reckitt and Coleman Plc and Benckiser, a Dutch Company, in 1999, the name of the plaintiff was changed from Reckitt and Coleman India Limited to Reckitt Benckiser (India) Limited. It is averred that the plaintiff is a world leader in cosmetic depilatories. Veet is one such leading cosmetic depilation brand which is sold by the plaintiff in over 50 countries worldwide and registered in 141 countries.

(3.) IT is further the plaintiff 's case that it had obtained a design registration in respect of the S-shaped spatula bearing No. 193988 dated