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The company had earlier moved the Delhi High Court against Wyeth accusing the drugmaker of copying the design used in its hair removing cream, Veet Spatula.
The division bench comprising justices Mukesh Mudgal and Reva Khetrapal admitted the petition. The hearing on the matter has been listed for this week.
Earlier, in August, a single-member bench of Justice B D Ahmed, while rejecting its petition, has vacated the interim stay granted in January, 2007, restraining Wyeth from using the design for its own hair remover cream 'Anne French'.
Justice Ahmed has slapped a fine of Rs 25,000 (US$539.50) on Reckitt Benckiser for unnecessary litigating.
Reckitt Benckiser has contended that the large S-shape design used for its product 'Veet Spatula' was copied by Wyeth for its 'Anne French' cream as the design can be easily replicated and the product is in the same category.
However, Wyeth opposed it and submitted that such designs were existing in some other countries prior to its registration in India. It alleged that Reckitt Benckiser got registration of the Veetdesign "by playing a fraud'.
(PTI) bl
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