Patanjali Sued By Dabur – Stops Airing its Chyawanprash Advertisements.
Just after Patanjali being stopped from telecasting its soap commercial, Baba Ramdev’s Patanjali Ayurved Ltd is again facing the heat storm from being asked to stop airing its “Chyawanprash” Advertisement by the Delhi High Court on Thursday, 8th September 2017.
Patanjali’s rival brand “Dabur” said that the commercial aired on you tube and face book is disparaging its product.
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 26 September, the next date of hearing. “We are prima facie satisfied that an interim protection is necessary for the matter,” it said.
The corresponding bench also issues a notice to Patanjali Ayurved Ltd and asked them about the inquiry petition filed by the Dabur, Who claims to be the largest manufacturer of Ayurvedic and Natural Consumer Products. Apart from restraining orders, Dabur also claims a damage of Rs.2.01 Crore from Patanjali.
Instances happened so when single bench judgment refused to file the petition against Patanjali from restraining its commercial. Dabur moved further to large bench judge challenging the interim order, saying that the single bench judge had failed to appreciate that the “illegal trade activity” of Patanjali was causing an 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.
The complaint was lodged on the basis of commercial aired on social media in which a bottle with a blurred image of trade mark and name was exhibited. Dabur objected the commercial saying that the “trade dress/packaging” for its product has a relative resemblance to Dabur’s own product, and any consumer can acquire distinctiveness about the “Dabur Chyawanprash” feature that may not even be literate.
“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. It said it had recently learnt that Patanjali has launched an advertisement campaign to promote its product “Patanjali Chyawanprash”.
“The impugned advertisement was uploaded on Face book page of Patanjali products on 24 August 2017 and on the YouTube channel of Patanjali on 25 August 2017,” the plea said, adding that they feared that this advertisement may be aired and circulated by the respondent on television soon.
Previously also Patanjali brand was been accused to derogate the brand value of Dettol through its soap commercial which was again banned from telecasting.
