00:00You run to the local store to buy a bottle of hair oil or just stop at a shop to
00:06buy a bottle of water.
00:07You see two shelves of bottles, both looking very similar with similar colours and similar packaging.
00:14You pick up what you think is what you went to buy.
00:17But it's not actually that.
00:19People across the country would very well recognise what I'm talking about.
00:23Whether it is a Bilseri instead of a Bisleri or even now a Navratna Tel versus a Thanda Tel from
00:31Dhabar.
00:32And most recently, the very famous Navratna Thanda Thanda Cool Cool Tel lost its pool and went to the Delhi
00:40High Court.
00:41Why?
00:45Because Imami, who owns the Navratna Tel brand,
00:49saw that Dhabar India, which now has launched a Thanda Tel of its own,
00:55is selling the same Thanda Tel in similar looking bottles.
00:59So when somebody goes to the store, sees a particular shaped bottle with a red oil inside and something green
01:07on the packages,
01:08most people will not stop to actually read what is written on the bottle.
01:13They simply pick up the bottle of oil and walk out.
01:16Now with this new oil in the market,
01:19Imami says people don't see the name on the bottle.
01:23They simply see red oil and the word Thanda and buy it.
01:27The Delhi High Court has in fact stopped Dhabar from selling their bottle
01:32because what it violates is the copyright or the trade dress.
01:37And why is it important?
01:39Because when it comes to business,
01:41what the consumer picks up depends a lot on what the consumer sees.
01:47And that is why Imami went to the High Court.
01:49Now Dhabar is back before the Delhi High Court saying that at least let us sell whatever we've already manufactured.
01:55Why did the High Court make them stop?
01:58Because the same colour of oil and the similar kind of packaging violates the trade dress protection under the Trademark
02:06Act.
02:07If your product looks deceptively similar to somebody else's product,
02:13which is already an established trademark or an established logo,
02:18chances are that the courts will not protect you.
02:21The company will then have to pay back a lot of money which it earned because of the passing off
02:28or the trade dress violations.
02:30And that is how the law protects products of a company.
