Delhi High Court has issued an interim order, barring Dabur from selling its Dabur Cool King Thanda Tel in a packaging that bears a striking resemblance to Emami's Navratna oil [Emami Limited v Dabur India Limited]. The decision was announced on August 9 by Justice C Hari Shankar, who noted that Dabur's actions appear to deliberately mimic the essential characteristics of Emami's product, which has been in the market since 1989.
The Court observed, "Upon initial examination, it is evident that Dabur has consciously imitated nearly every fundamental and distinctive aspect of Emami's product, seemingly with the intent to capitalize on the positive reputation and recognition that Emami's product has garnered over the years."
Illustrating the similarities, the Court pointed out that the two bottles are remarkably alike in shape, with any slight deviations being inconspicuous to an average consumer. Additionally, the oil in both bottles is of a red hue, a visual aspect seemingly borrowed from Emami's product.
Consequently, the Court has ordered Dabur to refrain from selling its product in packaging that is misleadingly akin to Emami's. This injunction extends to any other packaging that replicates the identified key elements, considering it would breach the terms of this ruling.
The legal dispute arose from a suit filed by Emami, contending that they have been marketing Navratna oil since 1989, while Dabur introduced Cool King in May 2023, which bore a suspicious resemblance to Navratna.
Emami asserted that Dabur's actions constituted trademark, design, and copyright infringement, amounting to an instance of passing off.
In its evaluation, the Court thoroughly examined the packaging of both products, including bottles and sachets, as well as Dabur's advertising for its oil. Justice Hari Shankar highlighted a clear intent on Dabur's part to create a strong visual similarity between its product and Emami's, with the potential to confuse the average consumer.
Furthermore, the Court dismissed the alternative packaging proposed by Dabur, asserting that even this redesign would still constitute an infringement.
Consequently, the Court issued summons for the case and delivered the interim order, scheduling further proceedings for October 10. The case will be presented before the joint registrar for the completion of pleadings.
Representing Emami were advocates Abhimanyu Bhandari, Charu Mehta, Roohe Hina Dua, Harshit Khanduja, and Sahib Kochhar. Dabur was represented by Senior Advocate Rajiv Nayar, along with advocates Anirudh Bakhru, Ankur Chhibber, Prabhu Tandon, Kripa Pandit, Navreet Kaur, Christopher, Pragya Choudhary, Vijay Laxmi Rathi, and Umang Tyagi.
Click Here to: Download/View Related File
TAGS: Delhi High Court interim order Dabur Emami Navratna oil Dabur Cool King Thanda Tel packaging dispute resemblance trademark infringement passing off Justice C Hari Shankar visual similarity design imitation Court injunction legal dispute packaging examination advertising analysis alternative packaging trademark violation copyright infringement joint registrar October 10 advocates Abhimanyu Bhandari Charu Mehta Roohe Hina Dua Harshit Khanduja Sahib Kochhar Senior Advocate Rajiv Nayar Anirudh Bakhru Ankur Chhibber Prabhu Tandon Kripa Pandit Navreet Kaur Christopher Pragya Choudhary Vijay Laxmi Rathi Umang Tyagi.
