FMCG major Dabur, which owns the ‘Hajmola’ brand of digestive tablets, is unable to digest another pill by almost the same name — ‘Pachmola’.
In a petition in the Delhi High Court, Dabur has alleged infringement of its ‘Hajmola’ trademark by Alka’s ‘Pachmola’.
Dabur’s petition challenging an order of the single judge of the High Court is now before a division bench comprising Justices Mukul Mudgal and Reva Khetrapal, which has issued notices to Alka Ayurvedic and directed it to file a reply.
Dabur also requested the division bench to stay the order passed by the single-member bench of the court, which had in October this year rejected its plea and allowed Alka Ayurvedic to market and manufacture ‘Pachmola’ in the present form on an interim basis.
It had also directed Alka Ayurvedic to maintain accounts of sales of its digestive tablet and file it before the court.
The court had also observed that 'Mola' word is quite common and is extensively used by various manufacturers of ayurvedic, digestive tablets and churan.
Products such as Satmola, Sidmola, Chatmola and Swadmola were already in the market.
The court further observed that 'Pachmola' was a registered mark since 1998 and “conduct of Dabur of not challenging the registration of the mark of Alka Ayurvedic, neither before the Registrar nor the Appellate Board nor in the present suit” goes against the FMCG firm.
The court had also rejected Dabur’s contention that there would be a deception and confusion among its customers, when they would go to buy its product ‘Hajmola’.
“A perusal of the trade dress/packaging of Dabur does not show any similarity or possibility of deception or confusion in the two. The colour scheme, caricature and shape of sachet of the two are different. Thus, it cannot be said that anyone wanting to buy the goods of Dabur would be deceived into buying those of the Alka,” the court had said.
