Only a couple of days ago, Baba Ramdev's Patanjali Ayurved Ltd was asked to stop telecasting its soap commercial on TV by the Bombay High Court and Delhi High Court. The company once against faced the heat as on Thursday, the Delhi High Court asked Baba Ramdev to stop airing its new chyawanprash commercial.
Only a couple of days ago, Baba Ramdev’s Patanjali Ayurved Ltd was asked to stop telecasting its soap commercial on TV by the Bombay High Court and Delhi High Court. The company once against faced the heat as on Thursday, the Delhi High Court asked Baba Ramdev to stop airing its new chyawanprash commercial. In an interim order, a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar restrained ayurvedic firm ‘Patanjali’ from airing, telecasting and circulating the advertisements in any manner till September 26, the next date of hearing, reported PTI. “We are prima facie satisfied that an interim protection is necessary in the matter,” it said.
The decision came after the rival brand Dabur said that the commercials disparaged its product. A notice was also issued to Patanjali by the bench seeking its stand on the plea filed by Dabur India Ltd, which claims to be the largest manufacturer of ayurvedic medicine and natural consumer products. Apart from this, Dabur India has also asked for a damage of Rs 2.01 crore from Baba Ramdev owned company. Dabur India moved the larger bench against the September 1 order of a single judge bench refusing its plea that Patanjali is restrained from airing the commercials.
Dabur had alleged that the single judge had failed to appreciate that the “illegal trade activity” of Patanjali was causing irreparable and incalculable loss to it. It said that Patanjali’s “trade dress and packaging” in the advertisements were too similar to Dabur’s and any illiterate and semi-literate customer can easily be fooled.
Patanjali had aired an advertisement on social media in which a bottle with a blurred trademark and name was shown. Dabur submitted that the trade dress/packaging for its product had acquired distinctiveness as the consumer at large, particularly those who may not be literate, may recall the features of the Dabur Chyawanprash.
“The trade dress and the overall get up of Dabur Chyawanprash packaging on account of acquired distinctiveness, constitutes a trademark within the meaning of the Trademarks Act 1999 and thus it ought to be protected and prevented against the dilution, misuse, misappropriation and acts of infringement,” Dabur said in its plea, as per PTI.