Dabur files case against Marico over copying of packaging, bottle for Saffola Honey

Marico Ltd NSE -0.72 %’s foray into honey has begun more on a biter than sweet note. Barely weeks after its launch of Saffola Honey, rival Darbur has filed a case in the Delhi High Court alleging that its Mumbai rival “imitated” the bottle, trade-dress, label and packaging of Dabur NSE -2.16 %’s honey.

Dabur alleges that Marico has copied the shape of the bottle, its yellow cap, dome-shaped label, usage of honey combs on the label including other similarities, according to court documents.

“An overall comparison of the two products would prima-facie show a similarity causing confusion in the minds of the buyer, even though the trade name Saffola is prominently noted on the bottle,” the court said in its interim order last week. “It is clarified that this interim injunction would not apply to the products already sold by the defendant in the market and the defendant will maintain the accounts thereof, which will be submitted to this court,” the order further said while setting the next date of hearing in August.

Meanwhile, in a subsequent appeal by Marico both the parties agreed that the “order be kept in abeyance since the interim application preferred by the plaintiff/respondent herein is still pending consideration and has not been disposed of," according to a court order of 17th July.

“The matter is sub judice before the Delhi High Court and we will therefore not be able to comment on the case,” a Marico spokesperson said in an email response. “We would like to inform that Marico continues to manufacture and sell Saffola Honey.”

Dabur declined to comment saying the case was sub-judice.

In the court documents, Dabur mentioned that the company has been selling Dabur Honey brand since 1965 and the Delhi-based consumer company had adopted the new packaging and shape of the current bottle in 2013 even as the company retained the major elements of the trade-dress and essential features. Dabur said it generated sales of Rs 482 crore in 2019-20 from its honey business.

Marico sells a host of products under its Saffola brand including oil, oats and packaged foods and had extended its portfolio into honey in June.

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