Ramdev's Patanjali Ayurveda Stopped From Airing Ads Of Its Chyawanprash That's Similar To Dabar

The Delhi High Court has ordered Baba Ramdev¡¯s Patanjali Ayurved to stop airing advertisements to promote its brand of Chyawanprash, after its rival brand Dabur said the commercials disparaged its product.

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In an interim order, a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar restrained ayurvedic firm ¡®Patanjali¡¯ from airing, telecasting and circulating the advertisements in any manner till September 26, the next date of hearing.

¡°We are prima facie satisfied that an interim protection is necessary in the matter,¡± it said.

The bench also issued notice to Patanjali Ayurved Ltd and sought their stand on the plea filed by Dabur India Ltd, which claims to be the largest manufacturer of ayurvedic medicine and natural consumer products.

Besides seeking a restraining order, Dabur India has also sought a damage of Rs 2.01 crore from Patanjali.

Dabur India moved the larger bench against the September 1 order of a single judge bench refusing its plea that Patanjali be restrained from airing the commercials. Challenging the interim order, Dabur alleged that the single judge had failed to appreciate that the ¡°illegal trade activity¡± of Patanjali was causing irreparable and incalculable loss to it.

It said that Patanjali¡¯s ¡°trade dress and packaging¡± in the advertisements were too similar to Dabur¡¯s and any illiterate and semi-literate customer can easily be fooled.

The complaint was about an advertisement on social media in which a bottle with a blurred trademark and name was shown. Dabur submitted that the ¡°trade dress/packaging¡± for its product had acquired distinctiveness as the consumer at large, particularly those who may not be literate, may recall the features of the ¡°Dabur Chyawanprash¡±.