´Dabur’ Design Decided Upon: No Infringement

The in surge of litigation is not merely restricted to protect marks, labels or get ups, but has over flown to other realms as well. Dealing with the shape of the container, is the case of Dabur India Ltd. v. Rajesh Kumar and Ors. [2008 (37) PTC 227 (Del.)]. The suit at hand was a suit for permanent injunction claiming that Rajesh Kumar and his co-parties were infringing Dabur' trade mark and its registered design while passing off their goods as those of Dabur'.

Dabur claimed that it was marketing 'Dabur Amla Hair Oil' in bottles having a distinctive design - a semi circular shoulder with a curvaceous back and front panel converging taperly into each other. They claimed the shape and configuration of the bottle to be unique, novel and original and had registered the same under the Designs Act, being valid until February, 2011. The green cap put over the bottle was also registered under Designs being