New Delhi (BW): The Delhi High Court issued an interim order restraining Dabur from selling its ‘Cool King Thanda Tel’ in packaging that closely resembled Emami’s ‘Navratna Ayurvedic Oil’.
Bench of Justice C Hari Shankar found that Dabur had deliberately imitated key aspects of Emami’s product to create confusion among consumers. Despite Dabur presenting a modified packaging, the Court deemed it to be infringing as well. Emami’s Navratna oil, present in the market since 1989, holds significant goodwill.
The Court observed distinct similarities between the two products, including bottle shape, red color, and trade dress. Consequently, the Court ruled that Emami had established a strong case of passing off, where Dabur’s actions intended to mislead consumers.
As a result, Dabur is temporarily restrained from selling its product with packaging resembling Emami’s until further hearings. Creating a similar packaging with the noted essential features would also be considered a violation of the order.