Delhi High Court - Orders
Rb Health (Us) Llc & Anr vs Dabur India Limited on 18 January, 2022
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait
$~1(2020)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 319/2020
RB HEALTH (US) LLC & ANR. .....Plaintiffs
Through Mr. Chander M. Lall, Senior
Advocate with Ms. Nancy Roy,
Ms.Prakriti Varshney and Ms.Ananya
Chug, Advocates.
versus
DABUR INDIA LIMITED ..... Defendant
Through Mr. Manish Kumar Mishra &
Ms.Akansha Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
ORDER
% 18.01.2022 The hearing has been conducted through video conferencing.
1. The following issues are framed on the pleadings of the parties:-
i. Whether the Plaintiff No.1 is the proprietor of the Design Registration no. 271671 in class 28-02? OPP ii. Whether the shape / design of the Defendant's impugned product, being soap as mentioned in the plaint, amounts to Piracy of Plaintiff's design Registration bearing No. 271671, in class 28-02 in relation to Soap bar? OPP iii. Whether the Design registration of Dettol Soap under no. 271671 in class 28-02 is an invalid registration and liable to be cancelled under the provisions of The Designs Act, 2000? OPD CS(COMM) 319/2020 Page 1 of 2 iv. Whether the Plaintiff No. 2 is the proprietor of the trade mark registrations bearing Nos. 1145430 in Class 05, 2899681 in Class 05, 2899680 in Class 03? OPP v. Whether the use of the tagline "Let's Be 100% Sure with trust of Dabur" by the Defendant amounts to infringement of the Plaintiff's registered trademarks bearing Nos. 1145430 in Class 05, 2899681 in Class 05, 2899680 in Class 03? OPP vi. Whether the use of the packaging/ trademarks/ trade dress/ taglines on the Defendant's soap amounts to passing off of the Plaintiff's packaging/trademarks/trade dress and taglines? OPP vii. Whether the Defendant has been using the green packaging in respect of Soap prior to what the Plaintiffs' have claimed in the plaint and if so its effect? OPD viii. Whether the shape, colour of the soap bar and the green packaging with elements of white as claimed by the Plaintiffs to be distinctive to the Plaintiffs is common to the trade? OPD ix. Whether the Plaintiffs are entitled to the reliefs as claimed in the plaint? OPP x. Relief.
No other issue arises or is claimed.
2. Affidavit by way of evidence be filed within four weeks. The parties to appear before the Joint Registrar for the cross-examination of witnesses on 25.03.2022.
SURESH KUMAR KAIT, J JANUARY 18, 2022/ab CS(COMM) 319/2020 Page 2 of 2