ARTICLE · 13 FEBRUARY 2006

Impression vis-à-vis Physical Design Tested

Lex Orbis

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A recent Civil Suit filed by Dabur India Ltd. against Emami Ltd. over the dispute of the similarity in the design of their product is a case in point regarding the impression created by a design and its alleged infringement.

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Preface

A recent Civil Suit filed by Dabur India Ltd. against Emami Ltd. over the dispute of the similarity in the design of their product is a case in point regarding the impression created by a design and its alleged infringement.

Dabur vide order dated March 9, 2004 had got Emami restrained from exhibiting in its television commercial the bottle of hair oil which was shown with the remark "Lekin Ek Tail Bechara Kya Kare [what a mere oil can do]", as the design of the said bottle was similar / identical to the design of Dabur’s bottle which is registered design. However, Emami was permitted to change the bottle and continue with the T.V. Commercial for publicizing its hair oil. Emami accordingly changed the bottle along with its cap.

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