Passing Off Established: Delhi High Court Rules Against Dabur in Navratna Trade Dress Case

The Delhi High Court has restrained Dabur India Limited from selling its cooling oil product Cool King Thanda Tael in packaging that closely resembles Emami Limited’s popular Navratna Ayurvedic Oil.

In its judgment dated January 31, Justice Tejas Karia held that Dabur’s packaging amounted to passing off and was a deliberate imitation of Emami’s well-known trade dress, which has been in continuous use since 1989.

Emami had approached the Court seeking an interim injunction, alleging that Dabur copied the key visual features of Navratna oil. These included the red colour scheme, a transparent bottle of similar shape, a flip-top cap, and images of hibiscus flowers, ice cubes and ayurvedic herbs. The overall colour combination of red, white, yellow and gold was also claimed to be strikingly similar.

Earlier, an ex parte injunction had been granted in August 2023. However, it was later set aside by a Division Bench as Dabur was not given an opportunity to respond. The matter was then reheard on merits, limited to the issue of passing off.

Emami argued that Navratna oil holds around 66% market share in the cooling oil segment and that its trade dress has acquired strong recognition due to more than three decades of continuous use, extensive advertising and high sales. It claimed Dabur’s packaging was designed to benefit from Navratna’s goodwill and could confuse ordinary consumers.

Dabur opposed the injunction, stating that elements like the colour red, cooling imagery and words such as “thanda” and “cool” are common to the trade. It also argued that its brand name “DABUR” was clearly visible and sufficient to distinguish its product. Dabur further claimed prior use of red packaging through other products.

The Court rejected these arguments. It held that while Emami cannot claim exclusive rights over individual elements, the unique combination, arrangement and presentation of these features had acquired secondary meaning. The similarity was strong enough to mislead consumers and cause damage to Emami.

Accordingly, the Court restrained Dabur from selling Cool King Thanda Tael in the disputed trade dress.