Dabur-Emami patent battle nearing end

New Delhi, Feb 25 | Updated: Feb 26 2005, 06:29am hrs
The IPR war between Dabur India and Emami Ltd is close to being resolved after Emami decided to withdraw its hair oil advertisement which according to Dabur India Ltd was disparaging and defamatory to its reputation and goodwill. The matter will come up for hearing on April 12.

Dabur had moved the Delhi High Court seeking restraint on Emami from telecasting its TV commercial on Emami Hair Oil on the ground that the impugned advertisement exhibited its Dabur Hair Oil in a poor light. The company was shocked to see the contemptuous, malicious and disparaging manner in which Dabur Amla Hair Oil has been dealt with in the impugned commercial, according to Daburs counsel Hemant Singh.

Emamis counsel Rajiv Bansal contended that the company was not willing to continue the advertisement anymore as the commercial had outlived its shelf life. It also intends to come up with its new commercial, he said.

According to the petitioners counsel, Emami was entitled to propagate its hair oil as a good product but had no right to disparage Daburs product. The design, shape and configuration of Amla Hair Oil bottle used in the commercial is an obvious and fraudulent imitation of the plaintiffs bottle. The ad is causing irreparable loss and damage to Dabur, Mr Singh said.