The Delhi High Court overturns the Emami relief ruling

22 Aug 2023 , 12:46 PM

On Monday, a division of the Delhi High Court overturned a single judge’s ruling asking Dabur Ltd to stop selling it’s Cool King Thanda Tel hair oil in a case involving the claimed trademark infringement of Emami India’s well-known Navratna hair oil product. Justice Yashwant Varma presided over the division.

In giving partial interim relief to Emami earlier this month, a single-judge bench of Justice C. Hari Shankar noted that Dabur had intentionally attempted to copy the key characteristics of the Navratna hair oil produced by Emami India in order to take market share that had been built up by the latter since 1989.

When comparing the two companies’ products, Justice Shankar stated that ‘it is prima facie apparent, in my considered opinion, that the defendant (Dabur) has consciously imitated nearly every essential and distinctive feature of the plaintiff’s (Emami) product, apparently to capitalize on the goodwill and reputation earned by the plaintiff’s product over a period of time,’ while noting that the slight shape difference was so imperceptible as to not be recognized by the consumer.

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