HC protects 'Real' juice name for Dabur in an injunction
New Delhi, Apr 7 (UNI) On the complaint of Dabur, the Ayurvedic major, the Delhi High Court has restrained UP-based Real Beverages from manufacturing and selling bottled drinking water and soda or any other beverage under the trade mark 'Real'.
The Rs 1232-crore Dabur group has filed a petition in the High Court complaining that the UP-based Real Beverages had been manufacturing and selling packaged water and soda in the name of 'Real', the brand name the company was using to sell various types of fruit juice.
While issuing notice for April 20, Justice Madan B Lokur said that the defendant was trying to bypass its April 2005 order. ''I am satisfied that the plaintiff (Dabur) has made out a prima facie case for the grant of an ex-parte ad interim injunction,'' said the order.
The Dabur India Ltd and Dabur Foods Ltd had moved the court against Real Beverages, its proprietor Parul Tyagi and its distributor Ashish Mittal Stores seeking permanent injunction restraining them from using the impugned trade marks Real and Real Beverages or any other deceptively similar trade mark.
The petition filed by Counsel Hemant Singh said it has launched some of the powerful brands-- Dabur Amla, Dabur Chyawanprash, Vatika, Hajmola and Real-- and has built a legacy for better quality for over 100 years.
The company was also the fourth largest fast moving consumer goods company in the country and exporting both ayurvedic medicines and consumer products.
According to Dabur, its flagship brand 'Real' had acquired distinctiveness on account of extensive, continuous and voluminous use coupled with wide-spread advertising and promotional campaigns.
Besides, the use of the trademark for sale of packaged soda was causing irreparable damage to it on account of dilution and erosion of the distinctive character of the trademark.
''The defendants are misappropriating its goodwill in the trade mark Real and the injury suffered to its goodwill and reputation is not tangible and can't be quantified or compensated in monetary terms,'' the petition said.
It has been manufacturing and marketing fruit juices since 1994 under the Real brand which had become immensely popular worldwide and was being exported to many countries including the US, Canada, UK, UAE, Australia, Maldives, Cameroon, Singapore and Malaysia, the petition said.
UNI PAT MIR KP1811