The Delhi High Court on Monday stayed screening or telecast of an advertisement of Emami Ltd’s product Navratna oil featuring featuring Amitabh Bachchan.
Justice Manmohan Singh stayed the screening, telecast or use of the advertisement on a suit by G K Burman Herbal India [Pvt] Ltd. The herbal products manufacturer accused the cosmetic giant of maligning its ayurvedic oil Himgange. Justice Singh passed the order ex-parte and asked Emami Ltd not to issue any advertisement or circulate, distribute, telecast or broadcast any material defaming or maligning the Burman Herbal’s product.
In its petition, Burman Herbal India [Pvt] Ltd said, ‘The defendant [Emami] has knowingly and fraudulently issued the said advertisement to harm the immense goodwill and reputation which the plaintiff has earned in the last 25 years of the existence of its said product with the sole motive of driving out healthy competition from the market and to make illegal and unlawful gains.’
The counsel of the herbal products manufacturer told the court that the product Himgange Ayurvedic Oil was authored by company’s founder Gautam Kumar Burman in 1987. He also claimed that the product contains distinctive artistic features in the shape of a green background label which has the trade mark ‘HIMGANGE’ in a distinctive artistic vernacular font in yellow colour, below which the expression ‘Ayurvedic Teil’ is written in white artistic vernacular font.
The counsel sought from the court an order to Emami to withdraw its advertisements from TV channels and other media.
Justice Manmohan Singh stayed the screening, telecast or use of the advertisement on a suit by G K Burman Herbal India [Pvt] Ltd. The herbal products manufacturer accused the cosmetic giant of maligning its ayurvedic oil Himgange. Justice Singh passed the order ex-parte and asked Emami Ltd not to issue any advertisement or circulate, distribute, telecast or broadcast any material defaming or maligning the Burman Herbal’s product.
In its petition, Burman Herbal India [Pvt] Ltd said, ‘The defendant [Emami] has knowingly and fraudulently issued the said advertisement to harm the immense goodwill and reputation which the plaintiff has earned in the last 25 years of the existence of its said product with the sole motive of driving out healthy competition from the market and to make illegal and unlawful gains.’
The counsel of the herbal products manufacturer told the court that the product Himgange Ayurvedic Oil was authored by company’s founder Gautam Kumar Burman in 1987. He also claimed that the product contains distinctive artistic features in the shape of a green background label which has the trade mark ‘HIMGANGE’ in a distinctive artistic vernacular font in yellow colour, below which the expression ‘Ayurvedic Teil’ is written in white artistic vernacular font.
The counsel sought from the court an order to Emami to withdraw its advertisements from TV channels and other media.