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2014 Supreme(Del) 2339

MANMOHAN SINGH
Reckitt Benckiser (India) Ltd. – Appellant
Versus
Dabur India Ltd. – Respondent


Advocate Appeared:
For the Plaintiffs:C.M. Lall, Nancy Roy, Advocates.
For the Defendant:Sudhir Kumar Makkar, Meenakshi Singh, Advocates.

Judgment

Manmohan Singh, J.

1. By this order I propose to decide the application filed by the plaintiffs bearing I.A. No.11442/2014 under Order 39 Rules 1 and 2 CPC in a suit for permanent injunction and damages for trademark and copyright infringement, passing off and unfair trade practices.

2. Brief facts as per the plaint are that the plaintiffs are members of the Reckitt Benckiser Group PLC which is stated to be an internationally renowned corporation that operates in many countries around the world through its subsidiaries. The plaintiffs are into the business of various consumer and healthcare products including antiseptic liquid, toilet care products, surface care products, pharmaceuticals, insecticides and food products which bear famous trademarks including Strepsils, Gaviscon, Clearasil, Mortein, Dettol, Harpic, Vanish, Durex and Cherry Blossom.

3. It is stated that Reckitt Benckiser is the owner and manufacturer of the globally acclaimed and well known non- prescription drug for heartburn and gastro-oesophageal reflux disease in many countries, traded under the brand GAVISCON. The history of GAVISCON dates back to the year 1960 and in a span of over four decades, as per the



















































































































































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