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2020 Supreme(Del) 554

RAJIV SHAKDHER
Rb Health (us) Llc – Appellant
Versus
Dabur India Ltd – Respondent


Advocates Appeared:
Chander M Lall, Advocate, Jawahar Lai, Advocate, Nancy Roy, Advocate, Hemant Singh, Advocate, Mamta Jha, Advocate, Manish Kumar Mishra, Advocate, Akansha Singh, Advocate

JUDGMENT

Rajiv Shakdher, J. - I.A. No. 6865/2020

    Preface: -

      1. The plaintiffs before me are seeking an injunction against the defendant from manufacturing, importing, marketing, advertising, promoting, selling and/or using plaintiff no. 1/RB Health (US) LLC''s registered design i.e. design no. 271671, falling in class 28-02, in relation to a soap bar [hereafter referred to as the "subject design registration"].

        1.1. There is the usual extrapolation of this prayer, which is, that an injunction is sought against the defendant in making use of any other design that combines RB Health (US) LLC''s registered design in connection with the aforementioned activities.

          1.2. Besides this, the plaintiffs also seek an injunction against the use of their tagline "be 100 % sure" and/or qua the trade dress/packaging as also the colour of the soap bar manufactured and/or sold by the defendant.

            1.3. Along with the aforementioned reliefs, consequential reliefs for surrendering offending material, such as advertising leaflets, labels, pamphlets, etcetera and stock bearing the subject design registration, whether packed or unpacked, are also sought.

              1.4. Before I proceed further, I may indicate that pla

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