Interim injunction on trade dress stayed for want of foundational pleadings in the plaint.

The Appellant challenged an ad-interim injunction order dated 11.03.2026 passed by a Single Judge in a trademark and copyright infringement suit

The impugned order restrained the Appellant from using trademarks such as "OUD WHITE" and "WHITE OUD," and from using trade dress or bottle shapes deceptively similar to the Respondent's "BELLAVITA" range

The Appellant contended that the Respondent failed to plead foundational facts in the plaint regarding the specific perfumes depicted in paragraph 29 of the Single Judge's order

At the time of this appeal, an application under Order XXXIX Rule 4 of the CPC to vacate the injunction was already pending before the Single Judge

Whether the ad-interim injunction concerning the trade dress and bottle shapes of specific perfumes (as depicted in paragraph 29 of the impugned order) should be stayed pending the disposal of applications under Order XXXIX Rules 1, 2, and 4 of the CPC.

The court's reasoning was governed by the procedural standards for interim injunctions under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908

the provisions for the discharge or variation of such orders under Order XXXIX Rule 4 of the CPC

The court also implicitly relied on the principle that an injunction cannot be sustained in the absence of foundational facts and specific pleadings in the plaint

Upon a prima facie review of the record and the plaint, the Division Bench found merit in the Appellant’s submission that the Respondent had not sufficiently pleaded the facts necessary to justify an injunction against the specific perfumes depicted in paragraph 29 of the impugned order

The Court observed that while the larger suit remained pending, the implementation of the injunction regarding those specific products should be deferred until the Single Judge re-evaluates the matter through the pending Order XXXIX Rule 4 application

To balance the equities, the Court permitted the Appellant to continue sales of those specific items provided they maintain a strict record of accounts, ensuring that the Respondent’s interests are protected should they eventually succeed

The Appellant was granted the right to sell these perfumes using the contested trade dress/bottle shapes, subject to filing a statement of accounts before the Single Judge by 30.04.2026

Furthermore, the parties were directed to appear before the Delhi High Court Mediation and Conciliation Centre on 07.04.2026 to explore a settlement