NEW DELHI: FMCG brand Dabur has filed a case against its competitor Marico alleging that the brand has copied the packaging of its honey product. Marico launched its honey product last month and Dabur claimed it copied the entire packaging i.e., the shape of the bottle, its yellow cap, dome-shaped label, usage of honey combs on the label and other similarities, according to court documents.

The Delhi high court in its observation mentioned that both the products prime facie show a similarity, which can cause confusion in the mind of the buyer even though the brand name Saffola is mentioned on the product.

“An overall comparison of the two products would prima-facie show a similarity causing confusion in the minds of the buyer, even though the trade name Saffola is prominently noted on the bottle,” the court said in its interim order last week. “It is clarified that this interim injunction would not apply to the products already sold by the defendant in the market and the defendant will maintain the accounts thereof, which will be submitted to this court,” the order further said while setting the next date in August.

Meanwhile, in a subsequent appeal by Marico both the parties agreed that the “order be kept in abeyance since the interim application preferred by the plaintiff/respondent herein is still pending consideration and has not been disposed of," according to a court order of 17 July.

In the court documents, Dabur mentioned that the company has been selling the honey products since many decades, and revamped the new packaging and shape of the current bottle in 2013. The brand also said it generated sales of Rs 482 crore in 2019-20 from its honey business.

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