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Documents citing Soothe Healthcare Private Limited vs Dabur India Limited on 3 March, 2022

Emami Limited vs Dabur India Limited on 31 January, 2026

18. Per contra, the Defendant has contended that the Plaintiff has failed to establish the trinity test for seeking relief of passing off as the Plaintiff has not been able to establish goodwill with respect to the Plaintiff's Trade Dress, there has been no misrepresentation by the Defendant and the Plaintiff is not likely to incur any damages. The Defendant has also submitted that the prominent house mark of the Defendant 'DABUR' is the distinguishing feature in the Defendant's Product, which dispels any possibility of confusion between the Defendant's Product and the Plaintiff's Product. Further, it was contended that the Plaintiff has multiple variants and Signature Not Verified CS(COMM) 532/2023 Page 34 of 39 Signed By:SWATI MAYEE SAHU Signing Date:31.01.2026 22:00:12 products under the brand, 'NAVRATNA' and the sales figures provided are not exclusive to the Plaintiff's Product using the Plaintiff's Trade Dress in question in the present Suit. It was submitted that to establish goodwill, the Plaintiff must produce sales figures pertaining to the Plaintiff's Product and not the entire 'NAVRATNA' brand. The Defendant relied upon Soothe Healthcare (supra) to submit that the cumulative sales and advertising expenses of all products under a particular mark without pointing out the goodwill of the particular product in question is not sufficient to establish the goodwill of that particular product.
Delhi High Court Cites 17 - Cited by 0 - Full Document
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