Dabur´s Design Contest In Hair Oil Packaging

Aggrieved by the dismissal of an application filed under Order 39 Rules 1 and 2 CPC, Dabur India Limited filed an appeal to the decision of the Ld. Single Judge of the Delhi High Court, in Dabur India Ltd. v. Amit Jain & Anr. {2009 (39) PTC 104 (Del.)}. Dabur claiming to be the fourth largest fast moving consumer goods (FMCG) company in India, and that they were in trade since 1884, filed this appeal in pursuance to the design registration in the packaging of its hair oil for the bottle and cap.

Among its various products, was being marketed as Dabur Amla Hair Oil. Dabur stated that besides vast sales in India, they had been exporting Dabur Amla Hair Oil to various countries since 1884. Marketed in plastic bottles shaped with a semi-circular shoulder with curvaceous back and front panel tapering into each other, The Design being unique, aesthetically novel and original was also registered under the Designs Act, 2000. The green cap used in relation to the bottle also