- (1.) Leave granted.
(2.) Appellant is a manufacturer of a product known as "Dabur Red Tooth Powder" or "Dabur Lal Dant Manjan". In the year 1993, it had allegedly adopted a unique colour combination and arrangement of features which was subsequently changed in December 1999.
(3.) Respondent herein is also said to be manufacturer of a tooth powder known as "Sujata". It is said to have infringed the copy right of the appellant. A suit was filed by the appellant against the respondent in the Delhi High Court. Paragraph 7 of the plaint reads thus : "7. In December 1999, the plaintiff adopted a new carton while retaining the conical shape and white cap for their product which is described hereinbelow : 7 On one column has the words RED TOOTH POWDER within a yellow blurb. 7 Immediately below the blurb is an oval shaped picture of a family with a yellow background. 7 Above these two features there is a legend within a blurb mentioning the fact that this is a new pack. 7 The column immediately next to it contain the same features in the Devnagri script. 7 A third column sets out the details including Composition, Weight, MRP and Manufacturers Name etc. 7 The top half of the third column contains an oval shaped device containing a diagrammatic representation of the herbs that constitute the ingredients of Plaintiffs product.";