Delhi HC restrains Amitabh's Hair Oil Ad on allegations of copyright infringement
18.6.2012 (UNI) The Delhi High Court on a plea of city based manufacturer today restrained the cosmetic company Emami Ltd from screening Megastar Amitabh Bachchan's advertisement for its product Navratan oil as it maligns the credibility of Ayurvedic oil Himgange which is in existence since 1987.
Justice Manmohan Singh stayed the screening, telecast or use of the advertisement on a civil suit by G K Burman Herbal India (Pvt) Ltd seeking permanent injunction for infringement of its trade mark and copy right violation and damages worth Rs 20 lakh.
The court directed Emami Ltd not to issue any advertisement or circulate, distribute, telecast or broadcast any material defaming or maligning the Burman Herbal's oil Himgange.
Burman Herbal India had pleaded, "Emami has knowingly and fraudulently issued the said advertisement to harm the goodwill and reputation of the company which it has earned in the last 25 years of existence of its product with the sole motive of driving out healthy competition from the market and to make illegal and unlawful gains." Appearing for Emami, its counsel Ajay Sahani said the product Himgange Ayurvedic Oil was authored by company's founder Gautam Kumar Burman in 1987 and Emami has allegedly infringed its trade mark and copy right.
Mr Sahni claimed that the product contains distinctive artistic features in the shape of a green background label which has the trade mark 'HIMGANGE' in a distinctive artistic vernacular font in yellow colour, below which the expression 'Ayurvedic Teil' is written in white artistic vernacular font. UNI