MARICO LIMITED Vs. DABUR INDIA LIMITED

JUDGEMENT

(1.) This is a suit for disparagement and infringement.

(2.) The plaintiff is a reputed manufacturer and distributor of Fast-Moving Consumer Goods (FMCG). The suit relates to a hair product manufactured by the plaintiff, namely "Nihar Naturals Shanti Badam Amla Hair Oil". The defendant is also a well-known manufacturer of FMCG products. The defendant also manufactures hair oil under the mark of "Dabur". The defendant 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 sector.

(3.) The plaintiff states that the mark NIHAR was conceived and adopted in or about the year 1993 by the predecessor-in-title of the plaintiff. The said mark was acquired by the plaintiff on February 17, 2006 from Hindustan Unilever Limited and is claimed by the plaintiff to have been used since then extensively, continuously and for its NIHAR range of products. The plaintiff states that it is also the registered proprietor of the word mark NIHAR.