MARICO LIMITED Vs. DABUR INDIA LIMITED

JUDGEMENT

(1.) This is an action for disparagement and infringement.

(2.) The petitioner is a reputed manufacturer and distributor of Fast Moving Consumer Goods (FMCG). The suit pertains to a hair product manufactured by the petitioner namely Nihar Naturals Shanti Badam Amla Hair Oil. The respondent is also a well known manufacturer of FMCG products. The respondent also manufactures hair oil under the mark of Dabur. The respondent manufactures two variants of AMLA HAIR OIL namely Dabur Amla Hair Oil and New Dabur Amla Hair Oil. Both parties are competitors and trade rivals in the FMCG market.

(3.) The grievance of the petitioner pertains to the advertisements published in several newspapers having wide circulation all over India by the respondents both in print and in electronic form which are "Annexure H" and "Annexure I" respectively to this application. The impugned advertisements, inter alia, contain the following caption "DABUR AMLA DE SHANTI KE MUKABLE (up to) 50% ZYADA MAZBOOT BAAL" (in Hindi Language). There is also disclaimer to the advertisement to the effect that "UTPAD NIHAR SHANTI AMLA KE SHABD, DEVICE/LABEL MEIN TRADEMARK KE ADHIKAR 'MARICO LIMITED' KE PASS HAIN. PACK SHOTS UDAHARAN KE LIYE DIKHAYE GAYE HAIN. VASTVIK PACK KA AKAR ALAG HO SAKTA HAIN" (in Hindi Language). From the disclaimer it is evident that the respondent is fully aware that the petitioner is the owner of registered trademark and the lable mark "Nihar".