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Dabur's Cool King Blocked: Delhi High Court Rules Against Copied Packaging

Summary

  • Delhi High Court restrained Dabur from selling 'Cool King Thanda Tael'.
  • The court found Dabur's product packaging deceptively similar to Emami's 'Navratna Oil'.
  • Dabur's appeal was dismissed, upholding a single-judge bench's earlier ruling.
Dabur's Cool King Blocked: Delhi High Court Rules Against Copied Packaging

On Friday, May 22, the Delhi High Court delivered a significant ruling, upholding a previous order that prohibits Dabur India Limited from selling its cooling oil, 'Cool King Thanda Tael'. This decision by a Division Bench, consisting of Justices Kameswara Rao and Manmeet Pritam Singh Arora, dismissed Dabur's appeal and affirmed the findings of a single-judge bench.

The earlier judgment, issued on January 31 by Justice Tejas Karia, had concluded that Dabur's packaging constituted passing off and was a deliberate imitation of Emami's 'Navratna Ayurvedic Oil' distinctive trade dress. Emami had alleged that Dabur's product packaging closely mimicked its own, citing similarities in color schemes, bottle design, imagery, and overall layout.

The court found Dabur had copied essential features of the Navratna product. This ruling affirmed that Emami had established a prima facie case of goodwill, misrepresentation, and potential damage, thereby prohibiting Dabur's sales. The Division Bench's verdict on May 22 reinforces this prohibition, citing the deceptive similarity in trade dress likely to mislead consumers.

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