The Delhi High Court recently passed an interim order restraining Dabur from selling its Dabur Cool King Thanda Tel in a packaging which is deceptively similar to Emami’s Navratna [Emami Limited v Dabur India Limited]. .In an order pronounced on August 9, Justice C Hari Shankar said that prima facie it appeared that Dabur has consciously tried to copy the essential features of Emami to capture the market which it developed since 1989.“In the present case, when one compares the products of the plaintiff and the defendant, it is prima facie apparent, in my considered opinion, that the defendant has consciously imitated nearly every essential and distinctive feature of the plaintiff’s product, apparently to capitalize on the goodwill and reputation earned by the plaintiff’s product over a period of time,” the Court said.Elaborating on the similarities, the Court 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 the 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.”Hence, it restrained Dabur from selling its product in packaging deceptively similar to that of Emami.“Till the next date of hearing, the defendant is restrained from selling its product, in any manner, in the impugned packing or in any other pack, which is confusingly or deceptively similar to the impugned packing. The replication of the essential features of the pack, which have already been noted by me hereinabove, in any other alternative pack which the defendant proposes, would also tantamount to a violation of this order,” the Court ordered..The Court was dealing with a suit filed by Emami arguing that they have been selling Navratna oil since 1989 while Dabur’s Cool King came into the market in May 2023 and the newly launched product was deceptively similar to Navratna.It was argued that Dabur infringed on their trademark, design and copyright and their conduct amounted to passing off..The Court examined the packing of the two products – both in bottle and sachet form – as well as the advertising of Dabur’s oil.Justice Hari Shankar noted that there was a clear attempt by Dabur to make its product appear as similar to Emami’s oil and this was intended to create confusion in the minds of average customers.The Bench further rejected the new packaging offered by Dabur. Justice Hari Shankar was of the view that even this packaging would be infringing in nature.The Court then proceeded to issue summons on the suit. It passed the interim order and listed the case for further consideration on October 10 before the joint registrar for completion of pleading..Advocates Abhimanyu Bhandari, Charu Mehta, Roohe Hina Dua, Harshit Khanduja and Sahib Kochhar appeared for Emami.Dabur was represented through Senior Advocate Rajiv Nayar as well as advocates Anirudh Bakhru, Ankur Chhibber, Prabhu Tandon, Kripa Pandit, Navreet Kaur, Christopher, Pragya Choudhary, Vijay Laxmi Rathi and Umang Tyagi..[Read Order]
