Sibal emphasized that labeling other Chyawanprash as “ordinary” undermines the entire category of this traditional Ayurvedic medicine. He invoked the Drugs and Cosmetics Act to explain that all Chyawanprash products must follow specific formulations, making Patanjali’s claims misleading and damaging to competitors like Dabur, which holds 61.6% of the market share.
NEW DELHI: Consumer goods giant Dabur filed a lawsuit in the Delhi High Court on Tuesday (24th Dec), accusing Patanjali Ayurved of airing disparaging advertisements against its Chyawanprash products.
Dabur sought urgent orders to restrain Patanjali from continuing with the offensive advertisement.
Justice Mini Pushkarna issued a notice in the case and scheduled it for hearing in the last week of January to consider interim orders.
Though the judge initially suggested mediation, she ultimately agreed to hear the case after Dabur pressed for immediate relief.
Dabur is unhappy with an advertisement featuring Patanjali founder Swami Ramdev, in which he states,
“Jinko Ayurved aur Vedo ka gyaan nahi, Charak, Sushrut, Dhanwantari aur Chyawanrishi ke parampara mei ‘original’ Chyawanprash kaise bana payenge?” (Implying that only Patanjali’s Chyawanprash is “original” and other manufacturers, lacking knowledge of Ayurvedic traditions, produce inferior products).
Dabur’s counsel, Senior Advocate Akhil Sibal, argued that Patanjali is a repeat offender, referencing a contempt petition filed earlier this year against the company.
Sibal emphasized that labeling other Chyawanprash as “ordinary” undermines the entire category of this traditional Ayurvedic medicine. He invoked the Drugs and Cosmetics Act to explain that all Chyawanprash products must follow specific formulations, making Patanjali’s claims misleading and damaging to competitors like Dabur, which holds 61.6% of the market share.
Sibal further claimed that the advertisement not only misleads consumers but also tarnishes other brands by suggesting they lack the required knowledge for producing authentic Chyawanprash. The ads also implied that using other brands could result in health issues, raising concerns about public safety and violating Ministry of AYUSH regulations against misleading health claims.
Sibal also highlighted that the advertisement was aired 900 times across various TV channels, including Colors, Star, Zee, Sony, and Aaj Tak, and was published in the Delhi edition of Dainik Jagran.
Senior Advocate Jayant Mehta, representing Patanjali Ayurved, questioned the maintainability of the suit and requested additional time to file a response.
Sibal was assisted by Advocates Jawahar Lal and Meghna Kumar from J-Law Offices.
Background
Dabur India has appealed to a larger bench against the September 1 order of a single-judge bench, which had rejected its request to restrain Patanjali from airing its commercials.
In challenging the interim order, Dabur argued that the single judge had overlooked the significant “illegal trade activity” of Patanjali, which it claimed was causing irreparable and immeasurable harm to its business.
Dabur also pointed out that Patanjali’s “trade dress and packaging” in the advertisements closely resembled Dabur’s, and that this could easily deceive illiterate or semi-literate consumers.
The complaint specifically concerned a social media advertisement featuring a bottle with a blurred trademark and name.
Dabur argued that its product’s “trade dress/packaging” had gained distinctiveness among consumers, especially those who might not be literate, and that they could recognize the features of “Dabur Chyawanprash.”
According to Dabur, the distinctiveness of its packaging qualifies as a trademark under the Trademarks Act of 1999, deserving protection against dilution, misuse, and infringement.
Dabur further claimed it had recently discovered that Patanjali had launched an advertisement campaign for its “Patanjali Chyawanprash.”
The contested advertisement was uploaded to Patanjali’s Facebook page on August 24, 2017, and to its YouTube channel on August 25, 2017. Dabur expressed concern that the advertisement might soon be aired on television and widely circulated.
