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IN THE HIGH COURT OF DELHI AT NEW DELHI
TEJAS KARIA
Emami Limited – Appellant
Versus
Dabur India Limited – Respondent
| Table of Content |
|---|
| 1. introduction of the case and initial orders. (Para 1 , 2) |
| 2. defendant's appeal and adjustments in proceedings. (Para 3 , 4) |
| 3. plaintiff's background and market position. (Para 5) |
| 4. summary of plaintiff's arguments against defendant. (Para 6 , 7) |
| 5. core legal analysis of passing off claims. (Para 8 , 9 , 10) |
| 6. details of plaintiff's product characteristics. (Para 11 , 12) |
| 7. plaintiff's claims regarding defendant's imitation. (Para 13 , 14 , 15) |
| 8. counterarguments presented by the defendant. (Para 16 , 17) |
| 9. defendant's defense based on trade practices. (Para 18 , 19 , 20) |
| 10. analysis of distinctiveness and conclusion of findings before the order. (Para 21 , 22 , 23 , 24 , 25) |
| 11. outcome of the legal proceedings and the injunction. (Para 26 , 27) |
| 12. final conclusion and disposal of the application. (Para 29) |
JUDGMENT :
TEJAS KARIA, J.
I.A. No. 14557/2023 (u/O XXXIX Rules 1&2 CPC)
1. This is an Application filed by the Plaintiff under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (“CPC”).
2. Vide Order dated 09.08.2023, the Defendant was restrained from selling its product ‘Cool King Thanda Tael’ (“Defendant’s Product”), in
’ 
Establishing trademark passing off requires proof of goodwill, misrepresentation, and likelihood of damage, emphasizing overall impression over minor differences.
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
if there is no infirmity found in the order of the Trial Court, injunction against encashment of bank guarantee and letter of credit should not be granted except where fraud or irretrievable damage i....
The main legal point established in the judgment is that the adoption of a similar trade dress, including color scheme, with a dishonest intention to infringe a well-known trademark and pass off good....
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