EMAMI LIMITED vs DABUR INDIA LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 31.01.2026 + CS(COMM) 532/2023 EMAMI LIMITED .....Plaintiff versus DABUR INDIA LIMITED .....Defendant Advocates who appeared in this case For the Plaintiff : Mr. Abhimanyu Bhandari, Senior Advocate with Ms. Roohe Hina Dua, Mr. Harshit Khanduja & Mr. Vinayak Thakur, Advocates. For the Defendant : Mr. Sandeep Sethi & Mr. Anirudh Bakhru, Senior Advocates with Ms. Kripa Pandit, Mr. Christopher Thomas & Ms. Pranjali Arya, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J I.A. No. 14557/2023 (u/O XXXIX Rules 1&2 CPC) 1. This is an Application filed by the Plaintiff under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (“CPC”). 2. Vide Order dated 09.08.2023, the Defendant was restrained from selling its product ‘Cool King Thanda Tael’ (“Defendant’s Product”), in Signature Not Verified CS(COMM) 532/2023 Page 1 of 39 Signed By:SWATI MAYEE SAHU Signing Date:31.01.2026 22:00:12 any manner, in the Trade Dress ‘ ’ (“Impugned Trade Dress”) or any other deceptively similar Trade Dress. 3. The Defendant preferred an appeal against the Order dated 09.08.2023. The Division Bench vide Order dated 21.08.2023 passed in FAO (OS)(COMM) 171/2023 set aside the Order dated 09.08.2023 on the limited ground that in the circumstances of the present case, the Defendant ought to have been given an opportunity to file its Reply to the present Application before adjudicating on the aspect of interim stay. 4. As recorded in Order dated 29.02.2024, the Plaintiff has confined its submissions on aspect of passing off in this Application subject to reserving the right of the Plaintiff for other reliefs in the Suit. SUBMISSIONS ON BEHALF OF THE PLAINTIFF: 5. The learned Senior Counsel for the Plaintiff made