The court allows a defendant to adopt revised packaging to distinguish its trade dress from the plaintiff's while maintaining that such permission does not constitute a judicial opinion on the merits of the deceptive similarity claim.

ORDER

1. Mr. Abhimanyu Bhandari, learned senior counsel for the defendant, states that an affidavit has been filed on 23.12.2025, bringing on record all details of its existing stock.

1.1. He states that the defendant will abide by its statements recorded on 19.12.2025.

1.2. He confirms that defendant has discontinued the splash advertisement.

1.3. He states that in the meantime, without prejudice to its rights and contentions, the defendant is adopting a revised packaging for the trade dresses of four [4] products which are impugned in this plaint, which are as under: -

1.4. He states that henceforth all new products will be manufactured/packaged with this proposed packaging. He states that in the revised packaging the defendant has taken steps to ensure that there are no common features with the plaintiff’s trade dress making its distinct and dissimilar.

1.5. He states that the defendant seeks fifteen [15] days to complete pleadings and prays that the matter be taken up for arguments after its written statement and reply is on record.

2. Mr. Hemant Singh, learned counsel for the plaintiff, states that the plaintiff reserves its rights and refutes the submissions of the defendant vis-à-vis the revised packaging.

2.1. He states that the revised packaging of the defendant continues to incorporate the combination of the plaintiff’s distinctive features and is deceptively similar.

2.2. He, however, states that he is agreeable that the matter be taken up on the next date after pleadings are complete in this application and the suit.

3. The defendant’s affidavit dated 23.12.2025 is directed to be taken on record. The defendant is bound down to its statements recorded in order dated 19.12.2025 as well as the statement recorded today.

4. It is clarified that liberty granted to the defendant to adopt revised packaging is not an expression of opinion on the stand of the defendant.

5. The rights and contentions of both the parties on the trade dresses are left open.

6. Mr. Hemant Singh, learned counsel for the plaintiff states that defendant must forthwith stop advertisement of its products in the impugned packaging, which it has undertaken to discontinue.

7. The defendant is directed to take steps to discontinue advertising its products in the old packaging impugned in the plaint. However, defendant can carry out advertisements showing the transition from the old packaging to the revised packaging for its advertising henceforth.

Direction for completion of pleadings

8. The defendant is directed to file its reply and written statement to the injunction application within fifteen [15] days.

9. The plaintiff is directed to file its replication and rejoinder within one [1] week thereafter.

10. List on 19.01.2026.