Emami Limited vs. Dabur India Limited:: 02 July 2025:Case : A.P.O.T. No. 53 of 2025 (IA No. GA-COM 1 of 2025) arising out of IP-COM No. 18 of 2024: 2025:CHC-OS:102-DB:Court: High Court at Calcutta, Hon’ble Justice Sabyasachi Bhattacharyya and Hon’ble Justice Uday Kumar
Very Brief Facts:
Emami Limited, manufacturer of prickly heat powders “Dermi Cool” and “Navratna”, challenged an advertisement by Dabur India for its product “Cool King”, alleging that the ad disparaged Emami’s products by depicting a bottle allegedly resembling theirs as “Sadharan” (ordinary).
Procedural Background:
Initially, an ad-interim injunction was granted by the Single Judge on 11 July 2024, restraining Dabur from telecasting the advertisement that allegedly showed Emami’s bottle. On 17 January 2025, this was modified to restrain the entire advertisement instead of specific parts. Emami appealed this modification, arguing continued disparagement.
Dispute:
Whether the advertisement by Dabur, showing a generic bottle labeled “Sadharan” and subsequently replaced by Dabur’s product, amounted to disparagement of Emami’s products.
Discussion:
The Court found no direct or indirect reference to Emami’s products in the current version of the advertisement. The bottle shown was visually different in shape and color from Emami’s. The word “Sadharan” was held not to imply inferiority or to disparage specifically. The recall value argument was rejected, as the allegedly offending earlier version had not been aired for over six months. The Court emphasized that permissible comparative advertising allows highlighting one's product as superior without degrading another’s.
Decision:
The Division Bench dismissed the appeal, upheld the modified injunction order restraining the ad as a whole, and vacated interim orders. It held that no disparagement of Emami’s product had occurred and that Dabur’s commercial speech was protected under Article 19(1)(a) of the Constitution.
