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Delhi HC restrains Patanjali from airing ads to promote Chyawanprash

After its rival brand, Dabur says commercials disparaged its product

Press Trust of India  |  New Delhi 

Delhi HC restrains Patanjali from airing ads to promote Chyawanprash

The today ordered Baba Ramdev's Ayurved Ltd to stop airing advertisements to promote its brand of Chyawanprash, after its rival brand Dabur said the commercials disparaged 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 September 26, the next date of hearing.


"We are prima facie satisfied that an interim protection is necessary for the matter," it said.

The bench also issued the notice to Ayurved Ltd and sought their stand on the plea filed by Ltd, which claims to be the largest manufacturer of ayurvedic medicine and natural consumer products.

Besides seeking a restraining order, has also sought a damage of Rs 2.01 crore from

moved the larger bench against the September 1 order of a single judge bench refusing its plea that be restrained from airing the commercials.

Challenging the interim order, Dabur alleged that the single judge had failed to appreciate that the "illegal trade activity" of 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.

The complaint was about 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 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 has launched an advertisement campaign to promote its product "Chyawanprash".

"The impugned advertisement was uploaded on Facebook page of products on August 24, 2017 and on the Youtube channel of the on August 25, 2017," the plea said, adding that they feared that this advertisement may be aired and circulated by the respondent on television soon.

(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

First Published: Thu, September 07 2017. 19:35 IST
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