JUDGMENT

VIPIN SANGHI, J.

1. By this order, I proceed to dispose of the aforesaid application preferred by the plaintiff under Order 39 Rule 1 & 2 CPC to seek interlocutory injunction. The relief sought in the said application is to seek an ad-interim injunction against defendant, restraining it, its promoters, assigns, successors-in-interest, licensees, franchisees, partners, directors, representatives, servants, distributors, employees, agents etc. from using a design/bottle, which is claimed to be a fraudulent or obvious imitation of Design Representation No.244246, as well as any label/trade dress/get up similar to that of plaintiff’s registered trademark/label and trade dress/get up in any manner whatsoever, upon and in relation to their products/services/business;

2. The plaintiff claims to be a corporation organized and existing under the laws of Denmark. The plaintiff states that it is using a unique and distinctive bottle in respect of its product, viz. beer, under the brand “TUBORG”, design whereof is registered under the provisions of the Designs Act, 2000 . The novelty of the applicant’s registered design resides in the shape and configuration of the bottle.

3. The plainti