Patanjali restrained from airing ads to promote Chyawanprash
What's the story
Baba Ramdev's Patanjali has been asked by the Delhi High Court to stop its Chyawanprash brand's advertisements. This comes after its rival brand Dabur filed a case against Patanjali, alleging that Patanjali's commercials disparaged its product. Therefore, till September 26, which is the next date of hearing, Patanjali is barred from airing, telecasting and circulating their Chyawanprash advertisements in any manner. Here's more.
Patanjali
What led to this?
Earlier a single judge bench had refused the plea of Dabur seeking a restraining order against Patanjali's Chyawanprash commercials. Dabur challenged this decision saying that the judge had failed to understand Patanjali's "illegal trade activity" and how it was causing irreparable damage to its brand. Dabur has also sought reparation of Rs. 2.01 crore for its losses.
Dabur
What was it all about?
Dabur in its plea argued that in the ad, Patanjali Chyawanprash's "trade dress and packaging" were next to identical to their brand of Chyawanprash, enough to fool an illiterate and semi-literate customer. Dabur said that the packaging of Dabur Chyawanprash, due to its unique design, "constitutes a trademark within the meaning of the Trademarks Act 1999 and thus it ought to be protected."
Plea
Till the next date of hearing
The Acting Chief Justice Gita Mittal and Justice C Hari Shankar-led bench said, "We are prima facie satisfied that an interim protection is necessary for the matter." Dabur India Ltd in its plea has also claimed that it is the largest manufacturer of ayurvedic medicine and natural consumer products. The bench has issued a notice to Patanjali to state its stand on the matter.