Devagiri Farms Pvt. Ltd. vs Mr Sanjay Kapur & Anr. on 1 February, 2016

1. Issue concerns a trade dress. The respondents, Sanjay Kapur and
Naina Kapur, hereinafter referred to as Kapurs sell tea under the trade
name ‘San-Cha’. Kapurs pack the tea which they sell in a soft paper
packet shaped as a rectangular cuboid; the package being slipped into a
fabric sleeve and tied at the mouth by a traditional drawstring/dori. The
grievance is to the fabric sleeve(s) used by the appellant.
2. In a suit seeking damages and permanent injunction, prayer for an
interim injunction pending disposal of the suit has been granted in favour
of Kapurs and against the appellant. IA No.5961/2012 filed under Order
39 Rule 1 & 2 of the Code of Civil Procedure; and since an ex-parte ad-
interim injunction was granted against the appellants, IA No.7602/2012

FAO (OS) No.247/2014 Page 1 of 10
filed under Order 39 Rule 4 of the Code of Civil Procedure by the
appellant have been disposed of; the former being allowed and the latter
dismissed vide impugned order dated February 28, 2014.

Source: Indian Kanoon

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