The Supreme Court on Friday reserved its judgement on a petition filed by Dabur India, which sought to restrain Andhra Pradesh-based K R Industries from violating the intellectual property rights on Dabur Dant Manjan (tooth powder).
A bench headed by Justice S B Sinha reserved the verdict on Dabur's plea against a Delhi High Court order that partly dismissed its petition on alleged IPR infringement by K R Industries. Dabur had moved the High Court in 2002 alleging that K R Industries was infringing its copyright by copying similar colour combination, layout and features as that of Dabur Dant Manjan. The division bench of the High Court had directed Dabur not to combine two different causes of action infringement of copyright and selling goods in similar packaging. The High Court observed that it did not have the territorial jurisdiction to decide on the issue and asked Dabur to file a fresh petition in a competent court.
According to Dabur, it had asked K R Industries to stop manufacturing and marketing its product in a similar packaging and colour combination as that of Dabur Dant Manjan. K R Industries had denied the allegations and filed an application saying that the Delhi High Court did not have the jurisdiction to entertain the Dabur's petition.