Dabur India Ltd. v. Colgate Palmolive (2004) 77 DRJ 415
FACTS
Dabur makes ’Dabur Lal Dant Manjan Powder’ and has 80 percent share in the ayurvedic toothpaste trade. Colgate also made a tooth powder and, in an ad, showed a ”generic” product Lal Dant Manjan, degrading it. This affected the plaintiff’s sales significantly.
Dabur hence filed a suit against the defendant for violating its IP and disparagement under Section 29(8)(a) and (c ) of the TM Act which prohibits comparative advertising and disparagement.
ISSUE
Was their infringement on the plaintiff’s rights?
HELD
Generic disparagement of a rival product w/o specifically identifying that rival product is equally objectionable and infringes upon the rights of the plaintiff. Suit decreed in favour of the plaintiff.
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