The Delhi High Court has issued a temporary order prohibiting Dabur from selling its product, Dabur Cool King Thanda Tel, in packaging that bears a stark resemblance to Emami's Navratna. The case titled "Emami Limited v Dabur India Limited" resulted in an interim decision, reported Bar and Bench.
The ruling, by Justice C Hari Shankar on August 9, said that there is a preliminary indication that Dabur deliberately imitated key aspects of Emami's product to tap into the market that Emami had cultivated since 1989. This move by Dabur raises concerns over potential infringement and unfair competition, it said.
“When one sees the two bottles, they are similar in shape, the slight difference in the two shapes being so imperceptible as not to impress itself on an average customer. The oil contained in both bottles is red in colour. The use of red colour for oil is also, in my opinion, lifted from the red oil which is used by the plaintiff,” said the court as reported by Bar and Bench.
The court was addressing a lawsuit brought forth by Emami, asserting that they have been marketing Navratna oil since 1989, whereas Dabur's Cool King was introduced to the market in May 2023, and this fresh offering bore a disconcerting resemblance to Navratna.
The essence of the argument revolved around Dabur's alleged infringement upon Emami's trademark, design, and copyright, thereby potentially constituting an act of passing off.
During the legal proceedings, the court extensively examined the packaging of both products, available in both bottle and sachet forms, as well as Dabur's oil advertising practices.
Justice Hari Shankar keenly observed that Dabur's efforts were overtly directed at making its product closely resemble Emami's oil, with a clear intention to befuddle average consumers.
In response to Dabur's proposed revised packaging, the court, represented by Justice Hari Shankar, dismissed the notion that this alteration would eliminate any infringement concerns, indicating that the revised packaging could still be considered infringing in nature.
Subsequently, the court issued summon pertinent to the lawsuit and pronounced an interim order. The case has been slated for further hearing on October 10 before the joint registrar, aiming to conclude the process.
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