Bombay-High-Court Neem Labeling Ban: If you are using Dabur’s neem toothpaste for teeth cleaning, this news is important for you. The Bombay High Court has restrained Dabur India Ltd from using the word ‘NEEM’ as its main brand identity on the packet and label of its Neem toothpaste. The decision follows a trademark infringement case filed by Jyoti Labs Ltd.
What did the court stop Dabur?
Justice Arif S. The doctor’s bench has given an interim order in this matter. The court clarified that Dabur can use the word ‘NEEM’ as an ingredient or descriptive word in its toothpaste.
However, the company can no longer display the word NEEM so large and prominently on the packet, making it look like a major brand or trademark.
The court has given Dabur six weeks to appeal against the order.
Why did Jyoti Labs file a case?
FMCG company Jyoti Labs filed a trademark infringement case against Dabur in the Bombay High Court. The company claimed that Dabur displayed the word ‘NEEM’ in large font as the main identity on its packets.
According to Jyoti Labs, this type of packaging may cause confusion among consumers that the product belongs to Jyoti Labs or its affiliated company.
Jyoti Labs has neem based personal care brands like Margo. The history of the ‘NEEM’ trademark is also said to be associated with the Calcutta Chemical Company of the 1920s.
What are Dabur’s options now?
Dabur mainly has two options after the court’s interim order.
1. Option of Appeal:
Dabur can appeal against the order within the next six weeks. The company’s rationale may be that ‘neem’ is a common and natural ingredient and Dabur’s brand name and logo are clearly visible on the packet.
2. Change in packaging:
If the appeal is not granted relief, Dabur may have to change the way it displays ‘NEEM’ in a larger font on its Neem toothpaste packets and tubes to a generic descriptive term.
Will the quality of the toothpaste be affected?
This decision of the court has no direct impact on the paste inside the toothpaste or its quality at present. However, the packaging or tube design of Dabur Neem toothpaste may change in the market in the near future.
So if you use Dabur Neem toothpaste, the decision is mainly related to its label and branding, not the ingredients of the toothpaste.