In a significant development for India’s fast‑moving consumer goods (FMCG) sector, the Delhi High Court has upheld an injunction restraining Dabur India Ltd. from selling its “Cool King Thanda Tael” hair oil in a trade dress found deceptively similar to Emami Ltd.’s iconic Navratna Ayurvedic Oil. The Division Bench, comprising Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora, delivered the judgment on May 22, 2026, marking a major victory for Emami in one of the most closely watched trade dress disputes in recent years.
A 30‑Year Legacy vs. a New Entrant
Emami, which launched Navratna Oil in 1989 with the now‑legendary tagline “Thanda Thanda Cool Cool”, argued that Dabur’s 2023 product mimicked its distinctive red trade dress, bottle shape, herbal imagery, and even the Hindi descriptors “राहत, आराम, तरोताज़गी” (relief, comfort, freshness). The Court noted that Emami commands 66% of India’s cooling oil market, backed by decades of uninterrupted use, extensive advertising, and multiple trademark, copyright, and design registrations.
The Bench observed that Emami’s trade dress — including its red colour palette, hibiscus imagery, ice‑block motifs, and the arrangement of herbal elements — had acquired secondary meaning and strong consumer association.
Court’s Key Findings
Overall Impression Matters
The Court reaffirmed that passing off is judged by the overall get‑up, not isolated elements. Even if red colour, herbs, or hibiscus are common to the trade, their specific combination and placement on Emami’s packaging is protectable.
Dabur’s Trade Dress “Not a Coincidence”
The Bench noted striking similarities between the two products — including bottle shape, colour scheme, herbal imagery, and even the 270 ml pack size — concluding that the resemblance was “too close to be accidental.”
No Credible Explanation from Dabur
The Court highlighted that Dabur offered no bona fide justification for adopting a trade dress so closely aligned with Emami’s long‑established visual identity.
House Mark Not Enough to Cure Confusion
Dabur’s argument that the prominent “Dabur” brand name would dispel confusion was rejected. The Court held that dominant visual similarities overshadowed brand distinctions, especially for average consumers making quick purchasing decisions.
Dabur’s Arguments Fall Short
Senior Advocate Sandeep Sethi, appearing for Dabur, argued that:
- Emami had not proven goodwill specifically in the current trade dress.
- The elements used were common to the cooling oil market.
- Several third‑party brands used similar red packaging and herbal imagery.
- The Single Judge failed to apply the classic “triple test” of passing off: goodwill, misrepresentation, and damage.
However, the Division Bench found that Emami’s decades‑long sales, advertising, and market dominance sufficiently established goodwill, and that Dabur’s packaging created a likelihood of confusion.
The Injunction Stands
The Court upheld the Single Judge’s order restraining Dabur from selling “Cool King Thanda Tael” in the impugned trade dress during the pendency of the suit. The ruling reinforces the judiciary’s consistent stance that trade dress — even without trademark registration — is protectable when it acquires distinctiveness and consumer recognition.
Industry Impact
This judgment is expected to have far‑reaching implications for FMCG companies, especially in categories where:
- packaging plays a dominant role in consumer recall,
- products share functional similarities,
- and visual identity becomes a key differentiator.
Legal experts note that the ruling strengthens the jurisprudence around non‑traditional trademarks and trade dress protection, signalling that courts will not hesitate to intervene when established brands face imitation in the marketplace.
Source: Dabur India Limited v. Emami Limited, FAO(OS)(COMM) 23/2026, Judgment dated 22 May 2026, Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora. (Extracted from the official court document provided.)