New Delhi: Consumer goods firm Reckitt Benckiser, which makes Dettol antiseptic and Cherry Blossom shoe polish, has escalated its legal spat with Vatika shampoo maker Dabur over their respective antacid brands Gaviscon and Pudin Hara.
Reckitt Benckiser (RB) had dragged Dabur to Delhi High Court, alleging that the ads for Dabur’s Pudin Hara lemon fizz drink had “infringed its trademark and copyright”.
The court had passed a judgement in favour of Dabur last month stating that the firm is free to run the ads for Pudin Hara lemon fizz, against which Reckitt has now filed an appeal. According to the court order, a copy of which ET has reviewed, RB is not entitled to a temporary injunction in the case.
The court has, however, said that if there is any modification in the television commercial, Dabur would need to take necessary permission from the court.
The central character in the dispute is a fire fighter theme. RB alleged that the theme of firemen has infringed `its trademark and copyright’. According to the court, depiction of flames being extinguished by water or medicine cannot be monopolised by any firm.
“This is a well-reasoned judgement and after extensive discussion, the court has concluded that Reckitt Benckiser has failed to make out a prima facie case for temporary injunction either on the grounds of infringement of trademark, copyright or passing off,” Sudhir Makkar, advocate representing Dabur, said in an email.
An email sent to Reckitt Benckiser did not elicit any response till the time of going to press.
While Gaviscon is a power brand of the British firm, Pudin Hara is one of Dabur’s top brands and occupies leadership position in the liquid antacid space.While no syndicated data is available for antacids, industry estimates put the category’s value at around Rs 1,000 crore. The category is broadly split three ways between Glaxo SmithKline’s Eno, Dabur’s Pudin Hara in liquid and pill form, and tabletsliquids like Digene and Gelusil.
