Dabur India Ltd. v. Colgate Palmolive (2004) 77 DRJ 415:

FACTS:

Dabur makes ’Dabur Lal Dant Manjan Powder’ and has 80 percent share in the ayurvedic toothpaste trade: Colgate also made a tooth powder and, in an ad, showed a ”generic” product Lal Dant Manjan, degrading it: This affected the plaintiff’s sales significantly: Dabur hence filed a suit against the defendant for violating its IP and disparagement under Section 29(8)(a) and (c ) of the TM Act which prohibits comparative advertising and disparagement:

ISSUE:

Was their infringement on the plaintiff’s rights?:

HELD:

Generic disparagement of a rival product w/o specifically identifying that rival product is equally objectionable and infringes upon the rights of the plaintiff: Suit decreed in favour of the plaintiff:

Video Summary: https://www.youtube.com/watch?v=wedJHx8UNfQ&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=5