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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;

viii) identical/deceptively similar trade dress/get up of the bottles/products.
5. The plaintiff claims significant reputation and popularity of its product being marketed in its unique designed bottle with its label, trade dress and get up. In this regard, it seeks to rely upon its sales figures of its beer TUBORG. The global sales of the plaintiff in respect of TUBORG beer in the years 2012 to 2014 has been disclosed as follows: 
          Year                                    Gross Sales
                                               (USD in thousands)
          2012                                     961,138
          2013                                     1,015,535
          2014                                     1,158,549
9. The plaintiff claims that the defendant was earlier marketing its product "HUNTER" in a different kind of packaging/bottle, with a completely distinct trade dress from that of the plaintiff. However, some time towards the end of April 2015, the defendant adopted the infringing bottle design, label and trade dress with a view to ride on the popularity and reputation of the plaintiff, and with a view to cause confusion in the mind of the consumers and take undue advantage of the same.
11. The plaintiff claims that the defendant "...is engaged in passing off its products as Applicant's products by adopting/using the bottle as well as label/cap/trade dress/get-up which is a slavish imitation of Applicant's registered design of bottle as well as label/cap/trade dress/get-up"
12. The plaintiff submits that "Being in the same line of business, the defendant is well aware of Applicant's established reputation and goodwill vesting in the registered design of its bottle as well as its registered clockman shape label/trade dress/get-up and that the said design/label/trade dress/get-up is exclusively associated with Applicant"