Now Reading: Bombay High Court Restrains Dabur’s Prominent Neem Toothpaste Label
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Bombay High Court Restrains Dabur’s Prominent Neem Toothpaste Label
The Bombay High Court has temporarily restrained Dabur India from using “NEEM” as the leading and essential feature of a toothpaste label, in an interim order favouring Jyothy Labs. Justice Arif S.…
The Story in Brief
The Bombay High Court has temporarily restrained Dabur India from using “NEEM” as the leading and essential feature of a toothpaste label, in an interim order favouring Jyothy Labs. Justice Arif S. Doctor clarified that Dabur may use the word descriptively, but not as a prominent source-identifying feature.
Jyothy Labs claims its predecessor adopted “NEEM” for toothpaste around 1920 and accused Dabur of using a similar label despite opposition to Dabur’s trademark application. The court prima facie rejected Dabur’s argument that “NEEM” was generic for toothpaste. It said the material showed use of the word across several products and suggested it was suggestive, requiring an imaginative connection with toothpaste.
The Indian Opinion
The easy narrative that this is a ban on the word “neem” is wrong. The order concerns prominence and brand identification, not ordinary descriptive use. The opposite claim, that a long market history automatically settles trademark ownership, is also too simple. The case will turn on the final assessment of consumer confusion and the evidence behind Jyothy Labs’ 1920 claim. The key test is the court’s final ruling on the label, not the interim restraint.
Source: timesnownews.com
This story was synthesised by AI from the source linked above.
