Dabur India Ltd. v. Rajesh Kumar & Ors. (2008) Caselaw Details

"Design Originality and Evidence Matter in Trademark Infringement Cases"

Description

Dabur India Ltd. filed a lawsuit against Rajesh Kumar and others for alleged trademark and design infringement. The dispute centered on whether the defendants' plastic bottles infringed on Dabur's registered design and trademark.

Facts

- Dabur India Ltd. claimed that its bottle design was novel and original, featuring a semi-circular shoulder with curvaceous back and front panels.

- The company had registered its design under the Designs Act.

- The defendants were accused of manufacturing and selling bottles that imitated Dabur's design and bore the 'Dabur' trademark.

- However, the court found that the defendants' bottles did not have the 'Dabur' trademark embossed on them.

Findings

- The court examined the plaintiff's design registration certificate and found no unique features that differentiated Dabur's bottle from industry standards.

- The defendants presented evidence of similar bottle designs used by other manufacturers prior to Dabur's registration, undermining the claim of novelty.

- The court concluded that the plaintiff failed to establish a prima facie case of infringement.

Judgment

- The Delhi High Court dismissed the plaintiff's application for an interim injunction, citing insufficient evidence of infringement and the commonality of the bottle design across the industry.

- The court held that an interlocutory injunction is not justifiable without clear evidence of infringement and when the design in question lacks distinctiveness.