JUDGMENT

S.B. SINHA, J. - Leave granted.

2. Appellant is a manufacturer of a product known as `Dabur Red Tooth Powder or `Dabur Lal Dant Manjan. In the year 1993, it had allegedly adopted a unique colour combination and arrangement of features which was subsequently changed in December 1999.

3. Respondent herein is also said to be manufacturer of a tooth powder known as `Sujata. It is said to have infringed the copy right of the appellant.

4. A suit was filed by the appellant against the respondent in the Delhi High Court. Paragraph 7 of the plaint reads thus :

"7. In December 1999, the plaintiff adopted a new carton while retaining the conical shape and white cap for their product which is described hereinbelow :

* On one column has the words RED TOOTH POWDER within a yellow blurb.

* Immediately below the blurb is an oval shaped picture of a family with a yellow background.

* Above these two features there is a legend within a blurb mentioning the fact that this is a new pack.

* The column immediately next to it contain the same features in the Devnagri script.

* A third column sets out the details including Composition, Weight, MRP and Manufacturers Name etc.

* The top half of the