Delhi High Court Interim Order Favours Emami in Packaging Dispute with Dabur

Delhi High Court Interim Order Favours Emami in Packaging Dispute with Dabur

The Delhi High Court has issued a recent interim directive that prohibits Dabur from marketing their Dabur Cool King Thanda Tel using packaging that bears a misleading resemblance to Emami's popular Navratna hair oil.

In a ruling delivered on August 9th, Justice C Hari Shankar stated that on initial examination, it seemed evident that Dabur had intentionally replicated the fundamental attributes of Emami's product in an attempt to seize the market that Emami had cultivated since 1989.

In the ongoing case, upon a comparison of the products presented by the plaintiff and the defendant, it becomes prima facie evident, according to the considered opinion of the Court, that the defendant has purposefully replicated nearly every essential and distinctive aspect of the plaintiff's product. This action appears to be an attempt to capitalise on the reputation and goodwill that the plaintiff's product has accumulated over a significant period, the Court stated.

“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,” Justice C Hari Shankar said.

Consequently, the Court issued an injunction, prohibiting Dabur from marketing its product in packaging that bears a deceptive resemblance to that of Emami.

The Court decreed that until the subsequent hearing, the defendant is prohibited from engaging in any form of product sales, using either the contested packaging or any alternative packaging that is misleadingly or confusingly akin to the contested packaging.

“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 hearing a lawsuit initiated by Emami, asserting that they have been retailing Navratna oil since 1989, whereas Dabur's Cool King made its market debut in May 2023. Emami contended that the recently introduced product bore a deceptive resemblance to Navratna.

The argument put forth by the Kolkata-based Emami Group was that Dabur's actions constituted trademark, design, and copyright infringement and that their behavior could be categorized as a case of passing off by exploiting Emami's established reputation.

The Court undertook a wide-ranging analysis of the packaging of both products, available in both bottle and sachet formats, along with a scrutiny of Dabur's oil advertising practices and concluded that Dabur unmistakably endeavoured to present its product in a manner closely resembling Emami's oil, evidently to generate confusion among ordinary consumers.

The Court additionally dismissed the alternative packaging proposed by Dabur. The presiding judge held the opinion that even this new packaging would still constitute an act of infringement.

The Bench, subsequently, proceeded to issue summons in relation to the lawsuit. It issued the interim order and scheduled the case for further deliberation on October 10, to be presented before the joint registrar for the finalisation of the pleadings.

The legal representation for Emami was provided by Advocates Abhimanyu Bhandari, Charu Mehta, Roohe Hina Dua, Harshit Khanduja, and Sahib Kochhar while 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.