JUSTICE SHIV NARAYAN DHINGRA

1. The plaintiff filed a suit for permanent injunction against defendants claiming that the defendants were infringing trade mark and registered design of the plaintiff and were passing off their goods as those of the plaintiff. Defendants also claimed damages and rendition of accounts. The above application being IA No.1881/07 is made by the plaintiff under Order 39 Rule 1 and 2 CPC.

.2. The brief facts relevant for purpose of deciding this application are that plaintiff claimed that it was marketing Dabur Amla Hair Oil in bottles having a distinctive design having semi circular shoulder with curvaceous back and front panel converging taperly into each other. The shape and configuration of plaintiffs bottle was unique, novel and original and was registered as design no. 17324 under the Designs Act and was valid upto 24th February, 2011. The green cap put over the bottle was also unique and this was registered under Designs Act as design no. 171486 valid upto 11th June, 2011. It is also contended that these bottles were having embossing of trade mark Dabur of the plaintiff at the bottom. It is alleged that the defendants were manufacturing plast