Delhi High Court

Dabur India Ltd v Rajesh Kumar

Delhi HC, 20 March 2008 (reporter citation not confirmed)20081 min read
The case in brief30-second read
Facts
Dabur, holder of a registered design for a bottle, sought an interim injunction against the defendants' empty bottles.
Issue
Whether Dabur made out a prima facie case of design infringement.
Held
The interim injunction was refused. The bottle shape was common in the trade, the registration covered the bottle as a whole without a distinctive protected feature, and the defendants' bottles did not carry the Dabur mark.
Principle
A design registration for a shape common in the trade gives weak protection; infringement needs a distinctive registered feature to be copied.
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Facts

  • Dabur, holder of a registered design for a bottle, sought an interim injunction against the defendants' empty bottles.

Issue

  1. Whether Dabur made out a prima facie case of design infringement.

Held

  • The interim injunction was refused. The bottle shape was common in the trade, the registration covered the bottle as a whole without a distinctive protected feature, and the defendants' bottles did not carry the Dabur mark.

Cite this

Citation

Dabur India Ltd v Rajesh Kumar Delhi HC, 20 March 2008 (reporter citation not confirmed)

Reported: https://indiankanoon.org/doc/145573/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.