Pinaki Chandra Ghose, J. - (1.) The suit and the interlocutory application have been filed by the petitioner for restraining the respondents from - (i) infringing the registered design No. 165256 of the petitioner in respect of bottles. A copy of the said registration is at page 15 of the petition. (ii) passing off its products and/or business as that of the petitioner by using the shape, configuration, size and get-up of the containers/bottles.
(2.) Both the petitioner and the respondent No. 1 are manufacturing shampoos and other cosmetics items. The petitioner sells its products under its mark 'Ayur'. The respondent No. 1 sells its products under its own mark 'Coronation'. The range of the petitioner's products in bottles of its registered design is at page 13 of the petition. The range of the products of the respondent No. 1 in its own bottles will appear from annexure appearing at page 54 of the petition.
(3.) According to the petitioner, the petitioner is engaged in the business of manufacture and marketing of cosmetics, shampoos and lotions since about the year 1984. According to the petitioner, the petitioner developed a new design of the containers/bottles for its aforesaid shampoos and lotions bearing the trademark AYUR in or about beginning of the year 1993. The petitioner duly obtained the registration in respect of the said design in or about 2nd February, 1993 and started selling its products in containers bearing the registered design from 1993 onwards. According to the petitioner, it acquires substantial reputation and goodwill in the cosmetics market. In April, 1998 the petitioner learnt that the respondent No. 1 selling shampoos and lotions in containers bearing a design identical to that of the petitioner. The petitioner duly instituted proceedings for infringement of its registered design against the defendants before the Delhi High Court which is pending. Subsequently, the petitioner came to learn that the defendant had obtained registration of the said design. The petitioner had filed application before the Delhi High Court which is also pending.;