Delhi High Court restrains Dabur from using packaging similar to Emami Navratna oil

New Delhi: The Delhi High Court has restrained Dabur India from selling its cooling oil product, Cool King Thanda Tael, in packaging found to be deceptively similar to Emami’s Navratna Ayurvedic Oil, as per the Bar and Bench report.

In a judgment delivered on January 31, Justice Tejas Karia held that Dabur’s packaging constituted passing off and amounted to a deliberate imitation of the distinctive trade dress associated with Emami’s Navratna oil, which has been in continuous use since 1989.

The court examined Emami’s claim that Dabur had copied key visual elements of Navratna oil, including the red colour scheme, transparent bottle with a similar shape, flip-top cap, and imagery such as hibiscus flowers, ice cubes and ayurvedic herbs. It also noted similarities in the overall layout and colour combination.

An earlier ex parte injunction granted in August 2023 had been set aside by a Division Bench on procedural grounds. The matter was later reheard on merits, limited to the issue of passing off.

Emami argued that Navratna oil held a dominant position in the cooling oil segment and that its trade dress had acquired a strong secondary meaning through long-standing use, advertising and sales. Dabur countered that several elements relied upon by Emami were common to the trade and functional and that the use of its house brand was sufficient to distinguish its product.

The Court rejected Dabur’s submissions, observing that while individual elements such as colour or herbal imagery could not be monopolised, their specific combination and presentation had come to be closely associated with Navratna oil. It concluded that Emami had established goodwill and a likelihood of consumer confusion, and accordingly restrained Dabur from using the impugned trade dress.