New Delhi (PTI): The Supreme Court has dismissed Dabur's appeal against Andhra Pradesh-based K R Industries for allegedly marketing a tooth powder brand using packaging similar to its Dabur Dant Manjan.

Dabur had alleged that selling of 'Sujata' tooth powder by K R Industries in Delhi was an infringement into its copyright by copying similar colour combination, layout and features as that of its Dabur Dant Manjan brand.

A bench headed by Justice S B Sinha has upheld the Delhi High Court order that partly dismissed Dabur's plea and directed it not to combine the two different causes of action - infringement of copyright and selling goods in similar packaging in the same litigation.

The apex court said that two suits having different causes of actions cannot be clubbed together as a composite suit. It also imposed costs of Rs 50,000 on the company.

According to Justice Sinha, "if the impediment is sought to be removed by inserting an incidental provision, there cannot be any doubt the court could be entitled to pass an interim order, but the same by no stretch of imagination can be extended to a cause of action which is founded on separate set of facts as also rights and liabilities of a party under a different Act."

"A composite suit would not entitle a court to entertain a suit in respect whereof it has no jurisdiction, territorial or otherwise...," the judgement stated.

The Delhi High Court had 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.