New Delhi: Leading ayurvedic products manufacturer Dabur India LTD has been restrained by the Supreme Court from using the trade mark “Glucose-D” for its popular health drink as it was packaged on the lines of Glucon-D owned by rival company M/s Heinz Italia.
The packaging of Glucose-D when compared with that of Glucon-D is so similar that it can easily confuse a purchaser, a bench of Justices B.P. Singh and H.S. Bedi said while passing an interim injuction against Dabur India.
The apex court passed the injunction on an appeal filed by Heinz Italia challenging the orders of the Punjab & Haryana High Court and a civil court, both of which declined to pass any injunction against the ayurvedic company.
Senior counsel Abhishek Singh Manu had argued the trademark “Glucon-D” was used by the Glaxo company since 1940 and thereafter passed on to Heinz in 1994 along with the artisitc rights used on the packaging.
He alleged Dabur had launched its own glucose drink in 1989 under the brand name “Glucose-D” which was similarly packaged to “confuse” the consumer and capitalise on the “enviable reputation” enjoyed by Glucon-D.
However, Dabur took the plea that glucose was a generic expression of the product being sold and as such no monopoly could be claimed by Heinz.