DR. S. MURALIDHAR, J.

1. Aggrieved by the dismissal of its application IA No.1910 of 2007 under Order 39 Rules 1 and 2 CPC in CS (OS) No.314 of 2007, the Plaintiff Dabur India Limited (DIL) has filed this appeal. With the consent of parties the appeal is taken up for final hearing.

2. The Appellant states that it is the fourth largest fast moving consumer goods company in India engaged in the business of manufacturing pharmaceuticals, toiletries and medicinal preparations and that it has been carrying on its trading activities since 1884. Among its reputed products is Amla Hair Oil which is being marketed under the trade mark Dabur Amla Hair Oil. The Appellant states that besides vast sales in India it has also been exporting Dabur Amla Hair Oil to various countries since 1884. Dabur Amla Hair Oil is marketed in plastic bottles shaped with a semi-circular shoulder with curvaceous back and front panel tapering into each other, thereby providing a novel and original overall appearance and look to the Appellants bottle. The said design being unique, aesthetically novel and original is also registered under the Designs Act, 2000 under Design Registration No.173234 dated 24th February 19

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