A single-judge bench of Justice C. Hari Shankar had earlier this month while granting partial interim relief to Emami observed that Dabur had consciously tried to imitate the essential features of Emami India’s Navratna hair oil to capture the market that was developed by the latter since 1989.
When one compares the products of the companies, “it is prima facie apparent, in my considered opinion, that the defendant (Dabur) has consciously imitated nearly every essential and distinctive feature of the plaintiff’s (Emami) product, apparently to capitalise on the goodwill and reputation earned by the plaintiff’s product over a period of time,” Justice Shankar had said, while noting that the slight difference in shape was so imperceptible as not to be recognised by an average customer.
