Delhi High Court Restrains Dabur from Selling “Cool King Thanda Tael” over Navratna-Like Trade Dress

The Delhi High Court has temporarily restrained Dabur India Limited from selling its cooling oil “Cool King Thanda Tael,” holding that its packaging is deceptively similar to Emami Limited’s “Navratna” trade dress.

The Court found that the overall get-up of Dabur’s product closely imitates the essential features of Emami’s packaging, including colour scheme, bottle shape, visual elements and arrangement, creating a likelihood of consumer confusion.

While observing that individual elements like the colour red or descriptive words cannot be monopolised, the Court held that Emami’s distinctive combination had acquired secondary meaning through long use.

Granting interim relief, the Court barred Dabur from using the impugned or any deceptively similar trade dress.

[Emami Ltd. v. Dabur India Ltd]