Introduction: Emami Limited v. Dabur India Limited
The case of Emami Limited v. Dabur India Limited represents a significant battle in the competitive landscape of ayurvedic personal care products in India, particularly in the therapeutic cooling oil segment.
Emami, the established market leader with its iconic Navratna Oil, alleged that Dabur’s newly launched Cool King Thanda Tael product copied essential elements of its trade dress, bottle design, and overall get-up, amounting to passing off.
Core Allegations
- Copying of trade dress
- Imitation of bottle design
- Similarity in overall product get-up
The dispute centered on whether the defendant’s product created a false association with the plaintiff’s long-standing brand, potentially deceiving consumers and diluting Emami’s goodwill.
Legal Context
| Aspect | Description |
|---|---|
| Type of Application | Interim application |
| Legal Provision | Order XXXIX Rules 1 and 2 CPC |
| Nature of Claim | Passing off based on trade dress |
This interim application under Order XXXIX Rules 1 and 2 CPC highlights the critical role of trade dress protection in passing off actions, where visual similarity and consumer perception play pivotal roles in establishing misrepresentation.
Factual Background
Emami Limited, founded in 1974 as the flagship of the Emami Group, has been a pioneer in ayurvedic medicines and personal care products since 1982. Its flagship product, Navratna Oil, was launched in January 1989 with the memorable catchphrase “Thanda Thanda Cool Cool.” Over three decades of continuous and uninterrupted use, Navratna has become synonymous with therapeutic cooling oil, commanding a dominant market share of 66% in the segment as of 2022. The product offers multi-purpose benefits, including relief, relaxation, and rejuvenation, and enjoys immense consumer trust across India and export markets.
Trademark Registrations
Emami secured multiple trademark registrations for marks such as “Navratna,” “Navratna Oil,” “Thanda Thanda Cool Cool,” “Cool Cool,” “Halka Halka Cool Cool,” and others in Classes 3 and 5. These registrations date back to as early as 1998 and cover labels, devices, and phrases associated with cooling sensations.
Trade Dress and Design Protection
The product is packaged in a distinctive red trade dress, featuring elements like hibiscus/china rose flowers, ice crystals, ayurvedic herbs, and a saintly figure, which has remained largely consistent despite minor updates over time. Emami’s bottles are uniquely designed and registered under the Designs Act, 2000 (Registrations 253389 and 279325). Copyright registrations further protect the labels (e.g., A-58209/2000 for Himani Navratna Oil label).
Promotion and Goodwill
The plaintiff invested heavily in promotion through television, newspapers, hoardings, and other media since 1989-90. Sales turnover figures demonstrate exponential growth, starting from INR 14.77 lakhs in 1990-91 to INR 58,562.25 lakhs in 2021-22, totaling over INR 727,085.81 lakhs. This established immense goodwill, with Navratna identified exclusively with Emami.
Alleged Infringement by Dabur
In June 2023, Emami discovered Dabur’s Cool King Thanda Tael, launched in transparent red bottles of similar shape and configuration to Emami’s registered designs. The packaging adopted a red color scheme, featured “Thanda Tael,” “Cool King,” and “Cool Oil” marks, and included similar visual elements like hibiscus, ice, and ayurvedic herbs. Emami alleged deliberate copying to pass off the product as associated with Navratna, causing confusion and potential damage to its reputation.
Procedural Background
Emami filed CS(COMM) 532/2023 seeking permanent injunction, damages, and other reliefs for passing off, design infringement, and copyright violation.
- In I.A. No. 14557/2023, an ex parte interim injunction was granted on 09.08.2023 restraining Dabur from selling Cool King Thanda Tael in the impugned trade dress or any deceptively similar variant.
- Dabur appealed in FAO(OS)(COMM) 171/2023, and the Division Bench set aside the order on 21.08.2023, directing that Dabur be given an opportunity to file a reply before adjudication.
- After affidavits and hearings, by order dated 29.02.2024, Emami confined arguments to passing off, reserving other claims for the suit.
- The matter was re-heard, culminating in the judgment dated 31.01.2026.
Reasoning And Decision Of Court
The court examined the plaintiff’s established goodwill, prior use since 1989, extensive registrations, and overwhelming sales evidence, which demonstrated Navratna’s household status and secondary meaning in the cooling oil market.
The red trade dress, bottle shape, and elements like “Thanda,” cooling imagery, and herbal motifs were deemed distinctive through long association with Emami. The court noted that trade dress protection extends to overall visual impression, not isolated features, and common elements (e.g., red color or herbs) become protectable when combined uniquely.
Likelihood Of Confusion
Dabur’s adoption of near-identical bottle design, red packaging, phonetic similarity in marks (“Thanda Tael” vs “Thanda Thanda Cool Cool”), and visual cues created a high likelihood of confusion among average consumers seeking cooling benefits.
The court found mala fide intent in the deliberate copying to ride on Emami’s reputation.
Prima Facie Case And Interim Injunction
Prima facie case of passing off was established, with misrepresentation leading to likelihood of damage through diverted sales and reputational harm.
Balance of convenience favored Emami, as irreparable injury would ensue without restraint, while Dabur could continue sales under non-similar packaging.
The court granted interim injunction, restraining Dabur from using the impugned trade dress or any deceptively similar variant pending suit disposal.
Point Of Law Settled In The Case
This judgment reinforces that in passing off actions, trade dress enjoys robust protection where long user has endowed it with distinctiveness and goodwill, even absent direct trademark infringement.
Courts must assess overall get-up and consumer impression rather than dissecting individual elements.
Phonetic, visual, and structural similarities in packaging, especially in FMCG products purchased on impulse, suffice to establish deception.
The requirement of prior opportunity to defendant in interim matters is procedural fairness, but does not dilute the threshold for injunction where prima facie case, balance, and irreparable harm are satisfied.
Case Details
| Case Title | Emami Limited Vs. Dabur India Limited |
|---|---|
| Date Of Order | 31.01.2026 |
| Case Number | CS(COMM) 532/2023 |
| Neutral Citation | 2026:DHC:785 |
| Name Of Court | High Court Of Delhi |
| Name Of Hon’ble Judge | Mr. Justice Tejas Karia |
