In a curious case of ‘Thanda Tel’ Emami has managed to beat the Indian Giant - Dabur to temporarily stop them from selling their Herbal Oil stating that the packaging is deceptively similar to Emami’s Navratna Hair Oil leading to confusion amongst the public.
The Delhi High Court Single Judge Bench of Justice C. Hari Shankar opined that the Dabur appears to have consciously tried to copy the essential features of the Emami Hair Oil. The Emami Hair Oil was developed in 1989 and the hair oil today holds a big share in the market. The court alleged that prima facie it seems that Dabur copied Emami's product and packaging in order to capture this market that Emami holds.
In response Dabur came up with a new packaging, but this too was struck doen by the court stating that not much differentiation has been created and that this too will be infringing upon the plaintiff.
The case has been listed for further hearing.
Read the complete judgement here:
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