EMAMI LTD Vs. DABUR INDIA LTD.

JUDGEMENT

(1.) In a suit for disparagement and infringement, the petitioner seeks interim orders of restraint against the respondent, inter alia, from telecasting, displaying, airing, disseminating a television commercial launched by the respondent on 28/6/2024 for its product "Dabur Cool King Icey Perfume Talc" (the impugned advertisement).

(2.) Briefly, the petitioner is inter alia engaged in the Fast Moving Consumer Goods (FMCG) sector and manufactures talcum powder sold under the mark 'Navratna' and 'Dermi Cool'. It is alleged that the market share of both the above products of the petitioner is approximately 17% and 25.5% respectively. It is contended that the colour combination of sea green and white colour skin in relation to talc and the distinctive bottle and cap design alongwith the green and white colour combination in respect of prickly heat powders are exclusively associated with the petitioner's products. The respondent is a trade rival and manufacturer of FMCG products including talcum powder.

(3.) The story board of the offending commercial is as follows: