MAM

HC restrains Emami from airing oil ad featuring Big B

NEW DELHI: Ayurvedic oil maker Emami Ltd. has been restrained by Delhi High Court from airing a TV commercial of its "Navratan" oil with megastar Amitabh Bachchan.

Another oil manufacturer, G.K. Burman Herbal (India), alleged that Emami‘s commercial degraded its product.

Justice Manmohan Singh in an ex-parte interim order directed Emami to stop all forms of the TV commercial.

Burman Herbal sought permanent injunction on "circulating, distributing, telecasting, broadcasting and advertising" any material defaming or maligning its product.

The petitioner alleged that Emami "knowingly and fraudulently" made the advertisement to harm the goodwill and reputation which they earned in the last 25 years.

"The sole motive of Emami is to drive out healthy competition from the market and to make illegal and unlawful gains," alleged the petitioner.

G K Burman Herbal India is seeking permanent injunction for infringement of its trade marks and copy right violation and damages worth Rs two million.

Ajay Sahani, counsel for Burman, submitted before the court that the product Himgange Ayurvedic Oil was developed by the company‘s founder Gautam Kumar Burman in 1987.

He also claimed that the product had distinctive artistic features by way of the shape of a green background label which carried the trade mark "Hingange" in a distinctive artistic vernacular font in yellow colour, with the expression ‘Ayurvedic Teil‘ in white artistic vernacular font below it.

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