Delhi High Court provides temporary relief to Emami in packaging dispute with Dabur over ‘Thanda Tel’.

Dabur restrained from selling product similar to Emami’s packaging, says Delhi High Court

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.

Similarities between the products

The Court noted that when comparing the products of the plaintiff (Emami) and the defendant (Dabur), it was prima facie apparent that Dabur had consciously imitated nearly every essential and distinctive feature of Emami’s product. This imitation was apparently done to capitalize on the goodwill and reputation earned by Emami’s product over time.

The Court further elaborated on the similarities, highlighting that the shape of the two bottles was similar, with any slight differences being imperceptible to an average customer. Additionally, both products contained red-colored oil, which the Court believed was lifted from Emami’s product.

Court’s decision and order

Based on the observed similarities, the Delhi High Court restrained Dabur from selling its product in packaging that was deceptively similar to that of Emami.

The Court ordered that until the next date of hearing, Dabur was prohibited from selling its product in any manner using the impugned packaging or any other packaging that was confusingly or deceptively similar. The Court also highlighted that replicating the essential features of the packaging in any alternative pack proposed by Dabur would be considered a violation of the order.