Delhi High Court sets aside order granting relief to Emami

The Delhi High Court division bench led by Justice Yashwant Varma on Monday set aside its single judge's order that had asked Dabur Ltd to stop selling its Cool King Thanda Tel hair oil in a case related to the alleged trademark infringement of Emami India's popular Navratna hair oil product.

A single-judge bench of Justice C. Hari Shankar had earlier this month while granting partial interim relief to Emami observed that Dabur had consciously tried to imitate the essential features of Emami India's Navratna hair oil to capture the market that was developed by the latter since 1989.

When one compares the products of the companies, "it is prima facie apparent, in my considered opinion, that the defendant (Dabur) has consciously imitated nearly every essential and distinctive feature of the plaintiff's (Emami) product, apparently to capitalise on the goodwill and reputation earned by the plaintiff's product over a period of time," Justice Shankar had said, while noting that the slight difference in shape was so imperceptible as not to be recognised by an average customer.