DHC passed interim order restraining Dabur from selling its “Cool King Thanda Tel”

The Delhi High Court (DHC) in case involving infringement of trademark, design and copyright of Emami’s Navratna oil has granted an interim relief in favour of Emami, restraining Dabur from selling its “Cool King Thanda Tel”. Emami has been selling its oil since 1989; however, Dabur entered the market only in May 2023 with a product which has deceptively similar packing as that of Emami’s oil. Rejecting Dabur’s plea to sell its product in alternative packing, DHC noted that, prima facie, it seems that Dabur has consciously imitated nearly every essential and distinctive feature of Emami’s Oil like shape of bottle and color of the oil. Thus, restrained Dabur, till next date of hearing, from selling its oil in the impugned packing or in any other alternative packing.